GOVINDBHAI VALABHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant ' original accused No. 1 has filed this appeal under Section 374 of the Criminal Procedure Code against the judgment and order dated 12.09.2001 passed by the learned Sessions Judge, Rajkot convicting the appellant for the charge of offence punishable under Section 304 Part-I of the Indian Penal Code and sentencing him for R.I. of 10 years with fine of Rs.5,000/- and in default thereof, to suffer S.I. for a period of one year. The learned Sessions Judge has also observed in his order that sentence imposed by the Court shall not be subject to remission or computation as provided under Section 432 & 433 of the Code of Criminal Procedure. The original accused No. 2 was acquitted from the charges levelled against him and he was ordered to be released forthwith if his presence was not required in any other case.

(2.) The case of the prosecution as revealed in the FIR and as unfolded during the course of trial and as recorded by the learned Sessions Judge is as under :-

(3.) It is the case of the prosecution that at about 19.00 hours of the evening on fateful day, P.W. No. 2 Ambaben, P.W. No. 3 Maluben Hamirbhai along with deceased Rajesh were taking water at the water tap in village Sardhar. Rahul Muljibhai who happens to be son of her elder brother Muljibhai, came there and informed his mother Maluben that accused No. 1 Govind was causing abuses to his mother and accordingly, Maluben and deceased Rajesh went to the house of Muljibhai where she found that accused No. 1 Govind and accused No. 2 Dilip, who is son of accused No. 1 were causing abuses and were using offensive language to her sister-in-law, mother and brother Rajesh. Since the situation was tense and in order to normalize the situation, Mansukh was called upon by Rahul and accordingly, Mansukhbhai came there, he made attempts to calm down the accused persons. It is further case of the prosecution that when Mansukhbhai was persuading the accused persons and was advising them not to flow offensive and indecent language, accused persons excited and entered their house and came again duly armed with iron rod, sword and knife and inflicted injury to P.W. No. 2, P.W. No. 3, P.W. No. 4 and also to deceased Rajesh.