STATE OF GUJARAT Vs. RAJUBHAI CHHAGANBHAI PATEL

JUDGEMENT

(1.) The confirmation case and criminal appeal arise out of a judgment and order rendered by the learned Additional Sessions Judge, 2nd Fast Track Court, Navsari, on 31/8/2005, in Sessions Case No.51 of 2003. The accused-convict came to be tried by the learned Additional Sessions Judge, 2nd Fast Track Court, Navsari for the offences punishable under Sections 302, 323 and 451 of the Indian Penal Code and Section 135 of the Bombay Police Act. 1.1 The appellant is alleged to have committed triple murders and has been convicted therefor. The Sessions Court sentenced him with capital punishment. He is also directed to pay a fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for two years. For the offence punishable under Section 323 of the Indian Penal Code, he is sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for six months. For the offence punishable under Section 451 of the Indian Penal Code, the accused-appellant came to be sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2,000/-, in default, to undergo rigorous imprisonment for six months. For the offence punishable under Section 135 of the Bombay Police Act, the accused-appellant came to be sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.100/-, in default, to undergo rigorous imprisonment for one month. The sentences are ordered to undergo concurrently with a benefit of set off under Section 428 of the Criminal Procedure Code.

(2.) Aggrieved by the said judgment and order, the accused-convict has preferred Criminal Appeal No.1814 of 2005, whereas, the Confirmation Case arises because of statutory requirements of confirmation of sentence of hanging. These two matters are heard together and are disposed of by this common judgment. For sake of convenience, the accused-convict is addressed to as the appellant in this judgment.

(3.) As per the prosecution case, the incident occurred on 18th July, 2003 between 10:30 and 11:30 a.m. It is the case of the prosecution that the appellant suspected the fidelity of his wife and did not approve of his wife maintaining 'good' relations with relatives and acquaintances and, as a result there were disputes between the two. On the day of incident, around 10:30 a.m., the appellant was noticed beating his wife-Usha. This was noticed by Somabhai and on his intervention, the appellant is alleged to have beaten him with an umbrella. While that scuffle was going on, the appellant's wife-Usha escaped. This added to the fury of the appellant and he picked up an iron rod (crossbar) and started chasing his wife. As per the prosecution case, he gave one blow to Manga Bhana in the grass field, who succumbed to the injury. The appellant is alleged to have proceeded further and when he was questioned by Ranchhodbhai, he gave a blow with the crossbar on his head to which Ranchhodbhai succumbed. This incident occurred in the rice field. It is further alleged that the appellant then came to the house of Karsan Soma where Premiben, wife of Karsan Soma was standing on the Ota of the house and the appellant without any rhyme or reason inflicted injuries on person of Premiben, to which she also succumbed. As per the prosecution case, the appellant for no reason caused injury to minor Ankur, who was going on his bicycle and then assaulted Bhupendra, who was on his motorcycle. Both these persons sustained injuries therefrom.