RAMBHAI MANUBHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeals No. 1962 of 2012 and 65 of 2013 respectively preferred by the State of Gujarat and one Rambhai Manubhai Gohil, original accused No. 1, arise out of the judgment and order dated 24.9.2012 passed by learned Additional Sessions Judge, Court No. 13, Ahmedabad, in Sessions Case No. 90 of 2011. While the first mentioned appeal assails the judgment and order aforestated recording acquittal of Jembhai @ Kanubhai Bajubhai Padhiyar and Jinkubhai Mahribhai Gohil, original accused Nos. 2 and 3 respectively, in respect of the offence punishable under Ss. 324, 302 and 114 of the Indian Penal Code (hereinafter referred to as "the IPC" for short) as also Sec. 135 of the Bombay Police Act (hereinafter referred to as "the B.P. Act" for short), the other appeal preferred by Rambhai Manubhai Gohil, original accused No. 1, assails the above stated judgment and order of conviction and sentence whereby he has been sentenced to suffer rigorous imprisonment for life qua the offence punishable under Sec. 302 of the IPC and pay fine of Rs. 2000/ - and in default of payment of fine, to further undergo simple imprisonment for six months. The accused No. 1 was also ordered to suffer rigorous imprisonment for one year for the offence punishable under Sec. 324 of the IPC and pay fine of Rs. 500/ - and in default of payment of fine; to suffer simple imprisonment for two months. For the offence punishable under Sec. 135 of the B.P. Act, the accused No. 1 was sentenced to undergo rigorous imprisonment for six months and pay fine of Rs. 500/ - and in default of payment of fine, to further undergo simple imprisonment for two months. However, during the course of argument, learned advocate for the accused No. 1 confined his arguments to the quantum of sentence and the nature of offence contending that the offence in question was not murder but it was culpable homicide not amounting to murder. Therefore, this court has referred to the facts and considered the case in the above limited context qua accused No. 1.

(2.) It was the prosecution case that at about 20.30 hours i.e. 8.30 p.m. on 15.1.2009 at the shop of one Ashokbhai Rabari, PW -8, accused No. 1 had purchased pan masala and at that point of time PW -7 was also there and he asked accused No. 1 to deliver a cigarette to a person named "Chhaka"; whereupon the quarrel ensued between accused No. 1 and PW -7. Both of them then left the place. Accused No. 1, thereafter, returned at about 9.00 p.m. enquiring about PW -7 with PW -8 whereupon he informed him that PW -7 had gone towards Leelanagar.

(3.) At about 10 p.m. while PW -7 was heading to his home and had reached near Sangvi grain shop, accused Nos. 1, 2 and 3 came there, picked up quarrel with him, abused him and accused No. 1 opened knife and gave one blow with it on the left eye brow and other on the left thigh of PW -7 whereupon PW -7 started shouting and gave a call to nab accused No. 1 who was running away towards Leelanagar ground/Highway. On hearing the shouts from PW -7, four persons, namely, Vikas @ Viki Babubhai, PW -10; Rahul Bahadursinh Tomar, PW -5; Mukesh Kesaji Rathod, PW -11 and the deceased Sandeepsinh Chhatrapalsinh Chauhan who were sitting on a camel cart in the Leelanagar ground, chased the accused and Sandeepsinh being the first amongst the chasers, could nab accused No. 1 whereupon, in order to wriggle out of his clutches, accused No. 1 gave a knife blow on his chest and another blow on his waist because of which Sandeepsinh, after walking few steps, fell down profusely bleeding and accused Nos. 2 and 3 entered into a free fight with other chasers and ultimately, all the accused fled the scene and Sandeepsinh was taken to Shardaben hospital where he was declared dead at about 10.30 p.m.