NARESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is preferred by the appellant - original accused under Sec. 374(2) of the Code of Criminal Procedure, 1973, challenging the judgment and order of conviction and sentence dtd. 7/5/2016 passed by the learned Additional Sessions Judge, Vadodara in Sessions Case arising out of Karjan P.S. I-C.R. No. 181/2014, whereby the appellant Nareshbhai @ Dholiyo Kalusinh Parmar was convicted under Ss. 302, 323 and 452 IPC and Sec. 135 of the Gujarat Police Act and sentenced to life imprisonment with fine of Rs.100.00 in default 1 month RI, for Sec. 302, 1 year RI with fine of Rs.100.00 in default 1 month RI, for Sec. 323, 3 years RI with fine of Rs.100.00 in default 1 month RI, for Sec. 452 and 1 month RI for Sec. 135 G.P. Act, all substantive sentences to run concurrently with set-off of the period already undergone.

(2.) The case of the prosecution, in brief, is that on 24/10/2014 at about 16:30 hours at House No.41, Shantiniketan Society, Karjan, District Vadodara, the deceased Rameshbhai Domaprasad Maurya was standing on the otla of his house talking on his mobile phone with his nephew Vikas. At that time, the appellant-accused Nareshbhai @ Dholiyo Kalusinh Parmar, who resides in the same society and who was nursing a grudge since April 2014 (when the deceased had allegedly looked at his wife Sangeeta while sitting on the otla), suddenly came running with an open sword in his hand. Seeing the accused, the deceased ran inside the house to close the iron grill door (jali). While the deceased was in the process of closing the grill, the accused thrust the sword through the gap between two iron bars and inflicted a single deep wound on the left side of the chest of the deceased. When the wife of the deceased, Kaushalyaben, rush and shouted "Why are you doing this? What harm have we done to you?", the accused slapped her twice on the right cheek and attempted to throttle her. On hearing shouts, neighbours and relatives gathered, whereupon the accused fled towards his house threatening dire consequences. The injured Rameshbhai was immediately taken on a motorcycle by his son Satishbhai and one Arunbhai to Sumeru Hospital, Karjan, where he succumbed to the injury at about 17:00 hours the same day. Thus, the prosecution alleged that the accused, with the intention and knowledge that the act was sufficient in the ordinary course of nature to cause death, committed the murder of Rameshbhai, voluntarily caused hurt to Kaushalyaben, committed house-trespass with intent to commit an offence punishable with imprisonment for life, and also violated the prohibitory order regarding possession of deadly weapons, thereby committing offences punishable under Ss. 302, 323, 452 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act.

(3.) Upon the oral complaint of the son of the deceased, PW-10 Satishkumar Rameshbhai Maurya at Exh.21, given before P.I. Deepakbhai Divawala at Karjan Police Station on 24/10/2014 itself, FIR was registered vide Karjan P.S. I-C.R. No.181/2014. The investigation was carried out by PW-23 P.I. Deepakbhai Mohanlal Divawala at Exh.58. He immediately rushed to the place of offence, drew the scene of offence panchnama, collected blood samples, recorded statements of material witnesses including complainant Satishbhai, eye-witnesses Kaushalyaben (wife), Sunitaben (daughter), Hiteshbhai (guest), carried out inquest of the dead body, sent the body for post-mortem, arrested the accused on the next day, recovered the blood stained sword and clothes of the accused at the instance of the accused under Sec. 27 of the Evidence Act from the cattle shed of the brother in law of the accused, seized the blood stained clothes of the deceased, sent all muddamal articles and samples to FSL, obtained the post-mortem report, FSL reports, and after completion of investigation filed the charge sheet before the learned Judicial Magistrate First Class, Karjan, which was subsequently committed to the Court of Sessions at Vadodara under Sec. 209 Cr.P.C.