KOLI UKA PUNJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Original Accused in Sessions Case No. 86 1982 of the Court of Learned AddI. Sessions Judge, Junagadh, who has been convicted under section 302 of the Indian Penal Code and sentenced to undergo R.I. for life has preferred this appeal against the Judgment and order passed by the learned Trial Judge on December 4, 1983.

(2.) It was the prosecution case that the accused and deceased, both were working in the Electric Power House at Village Shahpur. Both of them were staying along with their family members in the Power House Quarters and were occupying quarters just adjoining to each other. The accused was serving as a watchman. The accused felt that the deceased was coming to his house late in the night and was knocking the door of his house either with an intention to commit theft or with other illicit motives. Therefore, the accused along with other five persons had submitted an application (Exh. 35) to the Deputy Engineer one Mr. Narsibhai Hirabhai Tatmiya (Exh. 33). The accused alongwith others had made oral representations also before the Deputy Engineer Mr. Tatmiya who had tried to call the deceased but the deceased was not available. On the application Ex. 35 submitted by the accused and others, it was written by Mr. Tatmiya that explanation of deceased Babu Jiva be called for and he be warned that if he continues to a misbehave, he will have to vacate the quarter.

(3.) As disclosed in the prosecution evidence deceased Babu Jiva had gone to Gondal in the morning on the day of incident at about 6 p.m. and had come back at about 5.30 in the evening. Sometime thereafter in the evening the deceased and his wife were sitting outside their quarters. The deceased had set on a cot and his sonTs daughter (baby) was playing in his lap. The deceased had told his wife Kantaben (Ex. 8) that accused Uka punja had met him on the road and asked him as to why he was knooking the doors of his house late in the night and thereupon the deceased had replied that he was not doing so. Then, as per the prosecution evidence, accused Uka Punja had entered the colony from the main gate on motor cycle. The accused went inside his house and came out with a gun and asked the deceased as to why he was knocking the door of his house and then immediately fired the gun and shot at the right hand side of the head of the deceased. At that time his grand, daughter was in his lap and he was sitting on the cot which was lying on the OtaT in front of the quarter. After firing the gun, the accused ran towards the main gate. The aforesaid story is narrated by eye witness Kantabea and it is also supported by other two witnesses i.e., Bhartiben Exh. 9 (P.W. 4) and Hanuben Exh. 22 (P.W. 7). The last two witnesses have stated that they came out of their house on bearing the sound of gun shot and on coming out they saw that the accused was armed with gun and was going towards main gate.