PARMAR CHHAGANBHAI BHOJABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 21/3/2013 passed by the learned Second Additional Sessions Judge, Mehsana in Sessions Case No. 100 of 2011, whereby the learned Sessions Judge convicted the original accused Nos. 1 Chhaganbhai Bhojabhai Parmar and 2 Dashrathbhai Ambalal Raval for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860 and sentenced them to undergo life imprisonment and fine of Rs.1,000.00 each in default, simple imprisonment for one month while acquitting the original accused No.3 Gangaben w/o Chhaganbhai Bhojabhai Parmar of all the charges under Ss. 302, 323, 504, 506(2), 34 of the Indian Penal Code and Sec. 135 of the Bombay Police Act, 1951, the State has preferred Criminal Appeal No. 1315 of 2013 against the acquittal of accused No.3, whereas original accused Nos. 1 and 2 have preferred Criminal Appeal No. 1515 of 2013 against their conviction and sentence. Both the appeals arise out of the same judgment and are being disposed of by this common judgment.

(2.) The case of the prosecution, in brief, is that on 24/5/2011 around 17:00 hours in the evening, at Chandigadh area near Jogani Mata Temple, Sujatpura Road, Taluka Kadi, District Mehsana, a quarrel took place between the complainant Ashaben w/o Sureshbhai Bhikhabhai Raval and accused No.3 Gangaben w/o Chhaganbhai Bhojabhai Parmar on account of a trivial incident the previous day 23/5/2011 involving water splashing from a pit on accused No.3 while the complainant's son was playing. It is alleged that accused No.3 instigated accused Nos.1 and 2 Chhaganbhai Bhojabhai Parmar and Dashrathbhai Ambalal Raval, who were armed with swords, to attack the deceased Sureshbhai Bhikhabhai Raval - husband of the complainant. Accused Nos.1 and 2 are stated to have inflicted blows with swords on vital parts of the body of the deceased, including the chest, back of shoulder, abdomen, hands and face. The deceased, upon sensing the attack, tried to escape from the scene but was allegedly pursued and further assaulted by accused Nos.1 and 2 near the house of witness Monghabhai Lilabhai Desai. As a result of these blows on vital parts of the body with a dangerous weapon, the deceased sustained multiple deep incised and penetrating wounds, started bleeding profusely and collapsed. Upon hearing the screams and commotion, the complainant Ashaben and other relatives, including Raval Kantibhai Jakshibhai and nephew Ankur Bachubhai Raval, rushed to the spot and witnessed the deceased lying in a pool of blood. The accused also assaulted the complainant by grabbing her hair and beating her severely. On seeing people gathering at the spot, the accused fled away in a rickshaw, threatening the family with dire consequences. Immediately thereafter, the injured deceased was taken by the complainant, Raval Kantibhai Jakshibhai, Thakor Ratuji and others first to Kadi Government Hospital via 108 ambulance and, owing to the seriousness of the injuries, was shifted to Civil Hospital, Ahmedabad for specialized treatment. Unfortunately, during the course of treatment at Ahmedabad Civil Hospital, Sureshbhai succumbed to the injuries sustained. It is the case of the prosecution that accused Nos.1 and 2, with the common intention and knowledge that the blows inflicted by a dangerous weapon - sword on the vital part were sufficient in the ordinary course of nature to cause death, intentionally caused the death of Sureshbhai and thereby committed the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code, while accused No.3 shared the common intention by instigation and assault on the complainant and thereby committed the offence punishable under Sec. 302 r/w 34 IPC, apart from other offences under Ss. 323, 504, 506(2) IPC and Sec. 135 of the Bombay Police Act.

(3.) Upon registration of the FIR being Kadi Police Station C.R. No.111/2011, the investigation was initially carried out by PSI T.J. Vaghela. Statements of the complainant and other material witnesses were recorded, and upon the death of Sureshbhai at Ahmedabad Civil Hospital, PSO Jashubhai Jethabhai Parmar was deputed to conduct the inquest and collect the post-mortem report and death certificate. PSI Alpeshkumar Vadilal Rajgor, who later took over the investigation, prepared the panchnama of the scene of offence, recorded further statements, arrested the accused, and in the presence of panch witnesses recovered two swords (one big and one small) used in the assault at the instance of accused Nos.1 and 2 from bushes near ONGC well. The muddamal articles, including blood-stained clothes of the accused, were seized, necessary medical papers and FSL reports were collected and, on completion of the investigation, a charge-sheet was filed before the learned JMFC, Kadi, where it was registered as Criminal Case No.821 of 2011, which was committed to the Sessions Court and registered as Sessions Case No.100 of 2011.