HAKAMRAM BHAGIRAM BHAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present appeal, filed under Section 374(2) of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of conviction dated 7.10.2010 passed by the learned Additional Sessions Judge, Bhuj Kutch, in Sessions Case No.5 of 2010. The said case was registered against the appellant­original accused for the offences punishable under Sections 302 and 323 of the Indian Penal Code and under Section 135 of the Bombay Police Act. The appellant is sentenced to undergo R.I. for life and a fine of Rs.1,000/, in default of which R.I. for six months for the offence punishable under Section 302 of the Indian Penal Code is ordered. He is also sentenced to undergo S.I. for one year for the offence punishable under Section 323 of the Indian Penal Code and R.I. for four months for the offence punishable under Section 135 of the Bombay Police Act. All the sentences are ordered to run concurrently.

(2.) According to the prosecution case, appellant was residing with his wife Miraben and two children at Dabavali. The appellant is also known as Babulal. On 26.9.2009, the appellant alongwith his wife Miraben and two children had left for Bhuj and reached to Bhuj at 8 O'clock in the morning on 28.9.2009. Thereafter they took lunch and at around 5:30 p.m. they went walking on the back side of the railway station ring road to visit temple. At around 7:45 p.m. appellant told deceased Miraben that he disliked her and, therefore, some hot exchange of words took place. The appellant took out knife from his trouser and gave two blows on the abdomen part and one blow on the back portion of the deceased. When the deceased tried to resist she received one injury on her left hand. At that time, daughter of the deceased and son, both started shouting and daughter Kinu @ Kiran tried to protect her mother and she pushed the appellant. She also received injury on nose as well as chick. Son Angrej @ Mangiyo ran away from the place and went to some muslim persons and disclosed about the incident. Thereafter appellant ­ accused ran away from the place of offence and some muslim persons arrived there and injured mother ­ Miraben was shifted to hospital with injured daughter Kinu @ Kiran. The complaint was given by deceased herself to Poilce Inspector Bhuj Rural Police Station, Camp at G.K.Hospital of Bhuj, on the basis of which the offence was registered.

(3.) The Executive Magistrate was informed through yadi. The Executive Magistrate visited hospital and dying declaration was recorded by him of the deceased according to the facts of the complaint. After four days Miraben expired. Inquest panchnama of place of offence was carried out and muddamal knife was recovered, statement of witnesses were also recorded. Copy of the dying declaration was attached with the investigation papers and dead body was sent for postmortem. Postmortem was carried out by the doctor and muddamal which was recovered was sent to FSL through dispatch note and serological report was prepared. Thereafter charge sheet was filed by the investigating agency before the learned Judicial Magistrate First Class and case was committed to the Sessions Court. The charge was framed at Ex.7 against appellant ­ accused for the alleged offence and plea was recorded and he pleaded not guilty and claimed to be tried.