DINESHBHAI ALIAS DILIYO HARMANBHAICHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this appeal, which is filed under Section 374 of the Code of Criminal Procedure, appellant, original accused No.1, has challenged judgment and order dated 22nd January 2001, passed by the learned 3rd Joint District Judge and Additional Sessions Judge, Kheda, Camp at : Anand, in Sessions Case No.153 of 1998, whereby, the appellant came to be convicted for the offence punishable under Sections 302, 307, 504 and 114 of the Indian Penal Code and under Section 135 of the Bombay Police Act and sentenced to undergo R.I. for life and fine of Rs.1000, in default, S.I. for three months.

(2.) The factual matrix of the prosecution case begins on the basis of the first information report dated 14th January 1998, when, information as to cognizable offence came to be disclosed by Lalitaben, wife of deceased Vinubhai Punambhai Chauhan, aged 15 years, and a resident of village Gamdi, Taluka: Anand. According to the complainant, the deceased was doing battery repairing work at Chikhdha chokdi. That, Shri Ranchhodbhai Nanabahi Chauhan along with his family was living opposite her house. That, a ten-feet wide passage was there for the movement for the people in the street. That, work of construction of a new house close to the above passage located near the place of old house was started and in connection with projection of balcony towards the passage, a quarrel had taken place with Shri Ranchhodbhai Nanabhai Chauhan a week prior to the date of the incident. Therefore, the deceased had given an application to the police and the police had taken steps against them. That the daughter of Shri Ranchhodbhai, Dakshaben, was having illicit relation with Dineshbhai Harmanbhai Chauhan, residing in Luharwala faliya, at Gamdi and the deceased had seen both of them while doing such wrongful deed at 2 a.m., in the new house of the complainant. That, Dineshbhai Harmanbhai Chauhan was in search of an opportunity to beat the deceased, but no complaint has been made in this regard.

(3.) It is the case of the complainant that on 14th January 1998, being the festival of Uttarayan, the deceased and his family members were present in their house. That, at about 5.30 p.m., Dineshbhai Harmanbhai Chauhan, came from opposite direction of the house of the complainant and told her husband that his brother, Raysingbhai was calling him outside and her husband went with him and, therefore, the complainant also followed her husband. At that time, Sureshbhai @ Lalo @ Ranchhodbhai was also standing near Bhathiji temple. While passing near Bhathiji temple, the deceased asked Dineshbhai where his brother Raysingbhai was. Dineshbhai replied that 'his brother Raysingbhai was there at his home so you have to come to his home'. The deceased refused to go to his house. Therefore, Dineshbhai abused the deceased and had scuffle with him. Dineshbhai brought out a knife from his pocket of pants and at once gave a blow of knife forcefully on the left side of the rib cage of the deceased and the deceased fell down on the ground at once. That, to prevent the deceased from further blows, the uncle-in-law's son of the complainant, Maheshbhai Ratanbhai Chauhan, interfered. Dinesh also gave blows of knife which he has in his hand, on the part of chest of Maheshbhai. Meanwhile, Dineshbhai gave blows after blows of knife to the deceased and Maheshbhai and Suresh @ Lalo Ranchhodbhai Chauhan, who was standing near there, was provoking for killing the deceased and Maheshbhai. The complainant had closely seen her husband, as they both were profusely bleeding. At that time, as the complainant shouted, her uncle-in-law, Ratanbhai Nanabhai and Rameshbhai Gemalsinh Chauhan, etc. arrived and they fled from there. As her husband and Maheshbhai were seriously injured, they were profusely bleeding. While the injured were taken to Anand Nagarpalika Hospital in a Fiat car of Rohitbhai Maganbhai Patel, the husband of the complainant succumbed to the injuries and died on the way. The dead body of the husband of the complainant and injured Maheshbhai were carried to the government hospital for treatment and, after primary treatment of Maheshbhai, he was taken to Karamsad Hospital for further treatment.