KISHORE SURYAKANT THAKKAR Vs. STATE OF GUJART

JUDGEMENT

(1.) Criminal Appeal No.831 of 1997 under Sec.374 of the Code of Criminal Procedure (`the Code' for short) has been filed by the appellant-original accused No.1-Kishore Suryakant Thakker, (hereinafter referred to as "the accused No.1" for short) who has been convicted to suffer R.I. for life and to pay a fine of Rs.5,000/-, in default, to suffer R.I. for 3 months for the offence punishable under Sec.302 of IPC and also to suffer R.I. for 2 years and to pay a fine of Rs.5,000/-, in default, to suffer R.I. for 3 months for the offence punishable under Sec.201 of IPC vide judgment and order dated 8th July, 1997 passed by the learned Addl. City Sessions Judge, Court No.11, Ahmedabad, in Sessions Case No.143 of 1995.

(2.) Criminal Appeal No.833 of 1997 under Sec.374 of the Code has been filed by the appellant-original accused No.2-Padmini Mahendrabhai Gadda (hereinafter referred to as "the accused No.2" for short), who has been acquitted for the offence under Sec.302 of IPC and has been convicted under Sec.301 of IPC to suffer R.I. for 2 years and to pay a fine of Rs.5,000/-, in default, to suffer R.I. for 3 months vide judgment and order dated 8th July, 1997 passed by the learned Addl. City Sessions Judge, Court No.11, Ahmedabad, in Sessions Case No.143 of 1995.

(3.) The case of the prosecution in short is that a complaint was filed by the complainant-Pradip Ratilal Kamdar on 12-12-1994 before P.I. of Navrangpura Police Station alleging that his sister Padmini and one Mahendrabhai had a love marriage in 1981 and which was accepted by his family members. Initially they resided in the house of complainant. However, they started to reside in Shakuntal Apartment, Near C.N.Vidyalay, Ambawadi, with their two daughters, Ami and Puja aged about 8 and 4 years respectively, studying in Vandana School where Mahendrabhai had started a health club namely, P.M.Health Club before 4-5 years in addition to the one situated near St.Xavier School, near Chitranjan Society, Naranpura. A person named Kishore Thakkar residing in Naranpura area was employed in said P.M.Health Club prior to 10 months. Before last Diwali, Padmini told wife of the complainant to get separated from Mahendrabhai as she did not like to stay with him. However, when wife of the complainant told her not to do so as she had a love marriage and had two children out of it and also as their P.M.Health Club was nicely running, Padmini told that one Kishore working in the said Health Club was keeping her children nicely. Thereafter, complainant and his wife met Mahendrabhai and inquired about Kishore. Mahendrabhai told that Kishore was being treated as a family member. They told him not to give such facility to an outsider and he agreed to the same. Thereafter, when Mahendrabhai and Padmini came to the house of complainant, Padmini admitted about her illicit relation with Kishore. Kishore was therefore removed from service. During last Diwali, Padmini and Mahendrabhai along with their children went to Mahabaleshwar. On their coming back, as it was told by Mahendrabhai to the complainant about the contact being still continued by Padmini with Kishore, the complainant and his wife told Padmini to leave everything. On previous day at 12 noon, Padmini and Mahendrabai with their children came to the house of complainant for lunch and returned at about 2.30 p.m. Then Mahendrabhai had a talk over phone with wife of the complainant at about 5.30 p.m. and next with the complainant at about 8.30 to 9.00 p.m. as a regular talk. When wife of the complainant tried to inquire about the health of younger daughter of Padmini, phone was found engaged and when she got the connection at 10.30 a.m., wife of the complainant asked Padmini about Mahendrabhai. At that time, Padmini informed that he had gone to Naranpura Health Club. On being asked about the telephone getting engaged, she told that it was because of the telephone wire having come out from the socket while cleaning. This fact was informed to the complainant by her when he came for lunch at about 2.00 p.m. on the same day. Since the complainant became suspicious, he asked Padmini about Mahendrabhai at about 3.00 p.m. when she informed that Mahendrabhai had gone to Bombay. Hearing this, he became more suspicious as Mahendrabhai did never use to go out of Ahmedabad for the last 14 years without keeping him informed. They however presumed that Mahendrabhai might have left home after quarrelling with Padmini about Kishore and, therefore, they came to Ambavadi Health Club at about 4.00 p.m. When they rang the bell, Padmini opened the door and they went inside. Inside the room, they saw younger daughter Puja lying near the dining table having fever while Padmini went to the bed room. The complainant asked Padmini as to why Mahendrabhai went to Bombay. However, the reply was that Mahendrabhai went to Bombay in Karnavati at about 4.00 a.m. and would be returned on the next day evening. At that time when wife of the complainant told Padmini about her telling in the morning that Mahendrabhai went to Naranpura Health Club, it was told by her that Mahendrabhai did not want anybody to be informed about his visit to Bombay. Since the time was 4.00 p.m., the complainant asked Padmini to bring daughter Ami from school. She instead told that Minaben would bring her. However, due to persuasion, she reluctantly went to bring her daughter. He thereafter had a round in the bedroom. He saw the bathroom locked from outside and though the handle was there, upper side of stopper was also put. He opened the said stopper and tried to open the door but could not be opened as he felt it to be locked from inside. Suddenly, the door was opened from inside and Kishore, who had a relation with Padmini and who put up black bush shirt with pen button and having a bandage in his hand, pushed the complainant and came out of the bathroom. When they tried to catch him, he pushed them away and ran out and in the process, his bush shirt came out on the floor. They saw his license in the pocket of said bush shirt. Though he went after him upto the gate of said flat, he saw Kishore running with only pants on his body and catching a rickshaw. He thereafter came back and went inside the bathroom and saw dead body of Mahendrabhai in a pool of blood. Since Padmini did not return, he went to call her leaving his wife and Puja there, but he could not see her at School. He therefore brought Ami from School and informed his father about the incident. Thereafter, he went to Ellisbridge Police Station and informed P.I., Shri Gohil about the incident. Shri Gohil then informed P.I., Navrangpura Police Station. On his reaching the Health Club, P.I., Navrangpura Police had already reached there and complaint was given to the P.I. there itself. Thereafter, same has been sent to Navrangpura Police Station for registering the offence and offence was registered as Navrangpura Police Station I.C.R.No.759 of 1994. He started further investigation and recorded statements of various persons. He also prepared inquest panchnama in presence of panchas and also made arrangements to send dead body of the deceased for post mortem. He also prepared panchnama of scene of offence, etc. During the course of investigation, muddamal was seized by drawing panchnama to that effect, sent the same to FSL, collected admitted handwriting of accused Kishore and tried to catch accused Kishore and Padmini at various places. After a considerable period, the accused were arrested and thereafter they were taken to the places of their visit after the incident and several documents and oral evidence of various persons including specimen handwriting of the accused were collected and sent to the handwriting expert. On receiving the post mortem note and other reports, same were kept in investigation file. Upon completion of investigation, he submitted the charge sheet against the accused in the Metropolitan Magistrate Court No.9, Ahmedabad.