DHIRUBHAI BABUBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants, original accused Nos.1 to 4 of Sessions Case No.78 of 1996, by this appeal under Sec.374(2) of the Code of Criminal Procedure, 1973, has challenged the judgment and order of conviction dated 30-7-1997 passed by the learned Additional Sessions Judge, Kheda at Nadiad, sentencing them to suffer imprisonment for life and fine of Rs.500/-, in default, to suffer simple imprisonment for two months for the offences under Sec.302 read with Sec.34 of IPC and also to suffer S.I. for two years and fine of Rs.500/-, in default to suffer S.I. for two months for the offence under Sec.323, 324, 325 read with Sec.34 of IPC.

(2.) The case of the prosecution in short is that a machine installed for supplying water in Bhantdiwala field belonging to Pratapbhai for cultivation was to be disposed of and in order to buy the same, Rameshbhai and Balwantbai from Village Samgada came to the house of the complainant Rupabhai Mansingbhai on 2-12-1995 at about 5.00 p.m. The complainant took the persons who came in jeep to show the machine accompanied by Chehubhai Kabhaibhai, Kanubhai Rupabhai, Ranchhodbhai Kabhai and deceased Pratapbhai. Thereafter they came back and as it was time for dinner and as Balwantbhai and others were their relatives, they took them inside their house for dinner. After dinner, as the jeep was parked very near to the Panchayat office, they all including Pratapbhai and other persons proceeded to see off. When they reached near Panchayat office, since a cart was on the way, Pratapbhai asked Bhikhabhai Marubhai to keep it on the side. However, Bhikhabhai Marubhai gave him abuses and accused Dhirubhai Babubhai gave stick blows on Pratapbhai. Thereafter, three persons came there of which, Mafatbhai Arjanbhai (accused No.2) gave farsi blow on the head and Dhirubhai Dhanjibhai (accused No.3) gave blow with rings on the deceased. Bhikhabhai Shankarbhai (accused No.4) also beat him with stick. The accused No.4 Bhikhabhai Shankarbhai gave stick blow on Ranchodbhai. Kanubhai also received stick blow inflicted by somebody, Balwantbhai received stick blow from Bhikhabhai Shankarbhai below his eyes and the complainant received a stick blow on the head from Dhirubhai Dhanjibhai. The persons who came for rescuing namely, Rupabhai Mansing, Ranchhodbhai Kabhaibhai, Kanubhai Rupabhai, Balwantsing Amarsing, Chandubhai Kabhaibhai also received injuries. When mother of the complainant Revaben came there, accused ran away. Thereafter, the injured were being taken to Tarapur Hospital in that jeep and at that time, a threat was given by the persons numbering 10-12 to the complainant and his persons of death if a compliant is filed. With these allegations, a complaint was filed on 3-12-1995 at about 3.30 a.m. before the PSO of Tarapur Police Station. As condition of Pratapbhai and two others was reported to be serious by the doctor at Tharapur, they were taken to V.S.Hospital at Ahmedabad. Upon filing of complaint, PSO, Tarapur Police Station sent yadi for medical certificate to Tarapur Health Centre. The Investigating Officer, Mr.Waghela of Tarapur Police Station, thereafter went to place of incident and drew panchnama of place of incident in presence of panchas. On 4-12-1995, as all the four accused appeared before the Police with the respective weapons, panchnama to that effect was drawn. He went to V.S.Hospital for recording dying declaration of injured Pratapbhai. However, as he was not in conscious state of mind, his dying declaration could not be recorded. When he received vardhi that Pratapbhai succumbed to his injuries on 7-12-1995 during treatment, he made entry in the Station Diary and a report was sent to the learned J.M.(First Class), Khambhat, for adding Sec.302 of IPC. Looking to the injuries received by the deceased, Secs.504, 506(2), 302 read with Sec.114 of IPC were added. As injuries were caused to the complainant and others, learned Magistrate added Secs.324, 325 and 326 read with Sec.114 of IP Code. Arrangements were made for sending the dead body of the deceased for post mortem and on arrival of post mortem report, it was kept with the investigation papers. At the end of investigation, charge sheet was submitted into the Court of learned Judicial Magistrate (First Class), Khambhatt.

(3.) As the offence was exclusively triable by Court of Sessions, learned Magistrate committed the case to the Court of Sessions at Nadiad where it was numbered as Sessions Case No.78 of 1996. Learned Addl. Sessions Judge, Kheda at Nadiad, framed charge against the accused at Ex.2. The accused pleaded not guilty to the charge and prayed for trial.