SHANABHAI DHULABHAI KHANT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is preferred by the appellant- accused under Sec. 374(2) of the Code of Criminal Procedure, 1973, being aggrieved by the judgment of conviction and order of sentence dtd. 16/7/2014 passed by the learned 2nd Adhoc Additional Sessions Judge, Sabarkantha at Modasa in Sessions Case No. 86/2012 (New Case No. 64/2013), whereby the appellant was convicted for the offences punishable under Ss. 302 and 323 of the Indian Penal Code. The learned Sessions Court sentenced the appellant to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00, in default to further undergo six months' rigorous imprisonment for the offence under Sec. 302 IPC, and to undergo six months' rigorous imprisonment and to pay a fine of Rs.500.00, in default to undergo one month's rigorous imprisonment for the offence under Sec. 323 IPC. The appellant was, however, acquitted of the offences punishable under Ss. 307, 326, 504 of the IPC and Sec. 135 of the Bombay Police Act. Both the substantive sentences were ordered to run concurrently.

(2.) The case of the prosecution, in brief, is that on 03/05/2012 at around 05:00 hours in the morning, in the village of Ubhran, Taluka Malpur, District Aravalli, the deceased Ambaben wife of Radhabhai Khant was plastering the front-yard (aangan) of their house with cow-dung and mud as part of the routine household work. At that time, her husband Radhabhai Khant and their son Ashishbhai were present in the house, while another son, the complainant Rakeshbhai Radhabhai Khant, had momentarily stepped out towards the village. Suddenly, the accused Shanabhai Dhulabhai Khant, who is a relative residing in the same village, came to the spot in an agitated state and started hurling abuses in filthy and unparliamentary language, alleging that the family of Radhabhai had not paid the complete amount for the construction of a compound wall. When the deceased Ambaben objected to such abusive language and asked the accused to refrain from abusing, the accused, in a fit of rage, picked up an iron shovel (phaavdo) lying nearby, and with force gave a blow with the sharp edge of the shovel on the head of Ambaben. On seeing this, Radhabhai immediately rushed to save his wife and intervened, whereupon the accused, with the same iron shovel, delivered another forceful blow on the head of Radhabhai as well. As a result of these blows on the vital part of the body, both Ambaben and Radhabhai sustained deep incised wounds on their heads, started bleeding profusely, and collapsed on the ground. Upon hearing the screams, the complainant Rakeshbhai rush to the house and witnessed both his parents lying in a pool of blood. On inquiry, his brother Ashishbhai narrated the entire incident and disclosed the name of the accused as the assailant. The accused also attempted to attack the complainant with the same weapon, but on seeing people gathering at the spot, he fled away, threatening the family with dire consequences. Immediately thereafter, the injured Ambaben and Radhabhai were taken in a private vehicle by their relatives, including paternal uncle Mathurji Kalabhai Khant, Ranjitbhai, Revaben, Jigiben and Manishaben, first to Modasa Referral Hospital and, owing to the seriousness of the head injuries, Ambaben was shifted to Civil Hospital, Ahmedabad for specialized treatment. Unfortunately, during the course of treatment at Ahmedabad Civil Hospital, Ambaben succumbed to the injuries sustained on her head. It is the case of the prosecution that the accused, with the common intention and knowledge that the blows inflicted by a dangerous weapon on the vital part were sufficient in the ordinary course of nature to cause death, intentionally caused the death of Ambaben and attempted to cause the death of Radhabhai, and thereby committed offences punishable under Ss. 302, 307, 326, 323, 504 of the Indian Penal Code and Sec. 135 of the Bombay Police Act.

(3.) Upon registration of the FIR, the investigation was initially carried out by PSI K.A. Vala, Malpur Police Station. Statements of the complainant and other material witnesses were recorded, and upon the death of Ambaben at Ahmedabad Civil Hospital, Head Constable Gunvantsinh was deputed to conduct the inquest and collect the post-mortem report and death certificate. After PSI Zala resumed duty, he prepared the panchnama of the scene of offence, recorded further statements, arrested the accused, and in the presence of panch witnesses recovered the iron shovel used in the assault at the instance of the accused. The muddamal articles were seized, necessary medical papers were collected and, on completion of the investigation, a charge-sheet was filed before the learned JMFC, Malpur, where it was registered as Criminal Case No. 968 of 2012.