STATE OF GUJARAT Vs. MAHESHBHAI NARANBHAI PATEL

JUDGEMENT

(1.) The present appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (for short, the 'Code') preferred by the appellant-State of Gujarat proceeded against respondent-accused , namely, Mr. Maheshbhai Naranbhai Patel in Sessions Case No.77 of 1987 in the Court of the learned Additional Sessions Judge, Valsad at Navsari, who charged and acquitted for the offence punishable under Sec. 302 of the Indian Penal Code (for short, 'I.P.C.') vide judgment and order dated 30.07.1990.

(2.) The case of the prosecution, as projected before the Court below, was that on 12.05.1987 at about 20:50 hrs. at 'Kachi Nal' (temporary ditch), Village: Dandi, the respondent-accused had committed murder of Bai Jashuben by inflicting knife blows on throat, chest and back of Bai Jashuben as she refused to continue her illicit relations with the respondent-accused . It is the case of the prosecution that on the said date, P.W.7-Ms.Kamlaben Jerambhai, who happens to be the sister of deceased-Ms.Jashuben came at Dandi and stayed at her home situated in Deva Faliya, Dandi. On the date of incident, deceased-Ms.Jashuben had gone to Bodali to deliver rice and as deceased-Ms.Jashuben did not return upto 18:30 hrs., P.W.7-Ms.Kamlaben Jerambhai visited bus stand twice or thrice and according to her, her sister-Ms.Jashuben returned at about 20:00 hrs. and she heard sound of deceased-Ms.Jashuben like "Bachavo Bachavo, Mari Nakhi". According to her, she heard such sound at the distance of 50 feet from her house and upon hearing such screaming, she rushed to the spot and found that her sister suffered knife blows. Upon inquiry from her sister, she informed that one Maheshbhai gave knife blows and thereafter, she shouted for help and some people gathered and taxi was called and therefrom, her sister Ms. Jashuben was taken to the Civil Hospital for treatment but, while on the way, she succumbed to her injuries. The inquest panchnama Exh.6 was drawn between 7:00 to 7:45 hrs. on 13.05.1987 and postmortem of the dead body of deceased-Ms.Jashuben was carried out by P.W.1-Dr.Kokilaben J. Shah vide Exh.11. P.W.1- Dr.Kokilaben Shah performed postmortem on the dead body of deceased-Ms.Jashuben between 9:45 to 11:45 on 13.05.1987. According to her, the cause of death was asphyxis caused due to injuries in tracher. It is the case of the prosecution that after the incident in question, the respondent - accused inflicted knife blows on his chest and throat and he came at Matwad out police station with said injuries where, P.W.23-Mr.Nago Jagannath was sitting in the shop of P.W.17 Mr. Ratanjibhai Vithhalbhai Mistri and at that time, the respondent-accused was accompanied by P.W.16 Mr. Dipakbhai Maganbhai Mistri and Mr. Ashokbhai Ravjibhai Patel. It is the case of the prosecution that at that time, the respondent-accused produced knife, ball-pen and handkerchief before the P.S.I., who, in turn, seized the said muddamal. In addition to it, the respondent-accused produced one chit which was also seized as muddamal article No.2. Thereafter, the respondent-accused was taken to the hospital at about 00:30 on 13.05.1987 where, P.W.3-Dr.Parimala Jitendra Joshi examined him and issued certificate Exh.16. It is the case of the prosecution that at about 00:45 on 13.05.1987, dying declaration of the respondent-accused was recorded by P.W.2- Mr. Rameshchandra P. Tailor vide Exh.14. Deceased- Ms.Jashuben suffered six injuries due to knife blows and the respondent-accused inflicted two injuries on his body after the incident with the same knife which was produced by the him before the P.S.I. It is in the evidence of P.W.1-Dr.Kokilaben Shah Exh.10, who conducted the postmortem, that on the basis of the injuries noted on the body of the deceased, it could be stated that she died due to injury No.6 inflicted on the tracher and due to injury No.6, the injured would die immediately on the spot. P.W.24-Mr.Govindbhai Devshibhai Thakor conducted the investigation and during the course of investigation, he obtained specimen handwriting of the respondent-accused as per panchnama Exh.68 and obtained opinion of hand writing expert from F.S.L and thereafter, the chargesheet was filed against the respondent-accused for the offence punishable under Sec. 302 of I.P.C. and also separate chargesheet for the offence under Sec. 309 of I.P.C. which, later on, registered as Sessions Case No.52 of 1990. The prosecution examined 24 witnesses and also produced and proved documentary evidence in support of the charge. Based on the evidence before the trial Court, the respondent-accused was questioned under Sec. 313 of the Code and he denied his involvement and pleaded his innocence.

(3.) In the above stated background, the learned trial Judge, after hearing submissions and after appreciation of evidence, both oral as well as documentary, acquitted the respondent-accused from the charge of offence punishable under Sec. 302 of I.P.C.