RANJITSINH PRABHATSINH CHAVDA Vs. STATEOF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28.5.1998 passed by the Ld. Addl. Sessions Judge, Baroda in Sessions Case No. 271/1997, convicting the appellant for the offence punishable under sec. 302 of IPC sentencing him to suffer life imprisonment and fine of Rs. 250.00, in default, further S/I for 15 days.

(2.) Since the learned counsel for the appellant has fairly stated that in view of the oral testimony of three eye witnesses including the wife of the deceased and two sisters-in-law, who were eye witnesses to the incident which took place in the house of deceased and in view of the unassailable finding given by the learned Judge holding that the appellant was involved in the incident, it is not necessary for us to delve at length on the facts and the merits of the conviction, except the question as to what was the offence committed by the appellant and what sentence should be imposed on him for the same.

(3.) Vide FIR Ex. 19 lodged immediately after the incident which took place on 22.8.1997, Sajjanben aged 35 years wife of the deceased, stated that she along with her husband, two brothers of her husband and their respective wifes, were all residing as a joint family. The appellant and his son were residing in the house opposite to the house of complainant. Since the appellant hails from the same village from where the mother of the deceased also came, the complainant and her family members were calling the appellant as "Mania" (maternal uncle). The deceased was suffering from TB for the last two years prior to the date of the incident and was in the habit of taking alcohol. Whenever the deceased come home in a drunken condition, the deceased was quarreling with the complainant and other family members and was creating commotion. Thereupon, the appellant residing in the opposite house, would come to the house of the complainant and deceased and would pacify the deceased and succeed in patching up the dispute. On the date of incident, both the younger brothers of the deceased had gone out for job and therefore, the complainant and her two sisters-in-law were at home doing house hold chores. At around 12.00noon, the deceased returned home and got annoyed with his sisters-in-law on a trivial issue. Since he was in a drunken condition, he got enraged and started abusing his sisters-in-law. Upon hearing his shouts, the appellant came to the house of the deceased and tried to persuade the deceased to cool down. However, a scuffle ensued and the appellant picked up a wooden plank lying on the water drum and hit it on the head of the deceased. The deceased, therefore, started bleeding from his head. The complainant and her two sisters-in-law intervened but the appellant did not release the deceased. In the meantime, Nilesh (son of the appellant) rushed to the spot and tried to pull the deceased away from the appellant requesting the deceased not to hurl abuses. At that time, the appellant inflicted a knife blow on the right portion of stomach of the deceased. The deceased, thereupon, collapsed. Upon somebody informing the police, the police came in a Van and a few neighbours took the deceased to the Government Hospital for treatment, however, the doctor declared the deceased as arrived dead. The complainant, therefore, lodged a complaint to the effect that the appellant and his son Nilesh had interfered with the domestic affairs of the deceased and his family without any justification, quarreled with the deceased, abused him and hit the deceased with a wooden plank and caused the death of the deceased by inflicting a deadly weapon like knife into the stomach of the deceased.