RAVABHAI RANCHABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants were tried before the learned AddI. Sessions Judge, Surat in Sessions Case No. 50/85 for the offence punishable under Section 302 read with sec 34 I.P.C. in that in furtherance of their common intention they caused the death of Sonji Karma in his field by giving stick blows to him and by throttling him. The accused pleaded not guilty and claimed to be tried. The learned Trial Judge, on appreciating the evidence before him, reached the conclusion that there was reliable evidence on record to establish that these three appellants-accused were responsible for causing the death of the deceased and accordingly convicted each of them of the offence punishable under sec. 302 read with sec 34 I.P.C. and sentenced each of them to imprisonment for life.

(2.) The facts of this case as alleged by the prosecution may be briefly stated as follows: The deceased was residing at village Rudi Gavar in Surat District, P.W. 4, Ramesh Ramji, Ex. 23, Jataria Govji, P.W. 5, Ex. 24 and Lalmiya Shekhji, P.W. 6, Ex. 25, also reside in the same Village. The appellants accused reside at a distance of about four kilometers from the Sim of this village. These accused were know to these prosecution witnesses according to the prosecution case. There was Juvar Crop standing in the field of Sonji at the time of this incident. It was about 3 to 31/2 high as per the panchnama of the scene of this incident. Sonji had gone to his field in the morning. The prosecution witnesses had also gone to their nearby fields in the morning on the day of this incident which took place on 2-1-1985. The three accused went near the field of Sonji with their cows and the cows began to graze in the field of Sonji. Sonji asked the accused not to graze the cows in his field. Thereupon, the accused gave abuses and assaulted Sonji. Accused Reva Pancha gave stick blow on the head of the deceased Sonji whereby he fell down and Reva Mera gave a push with the stick in the eye of Sonji. While accused Samat Viha pressed the throat of the deceased with both his hands. The accused went away in the jungle. The Police Patel Tredakiya Kalira Vasara, P.W. 3, Ex. 22 was informed about this incident by Ramesh Ramji. The Police Patel then went to the scene of this incident and saw the dead body of Sonji lying in the hut in his field. The three prosecution Witnesses who had seen the incident also went there along with many other persons. Information was then given at the Police Station on the next day by this Police Patel Tredakiya which is at Ex. 31. It was given at about noon on the next day, while the offence was registered at the Police Station at about 3 p.m. on 3-1-1985. It may be mentioned here that in this information the names of these accused were not mentioned. It was only mentioned in the said information Ex. 31 that the assailants were three Bharwads of Vadpada, Taluka Mangrol and that their names were not known but they were known only by their faces. Tredakiya was not an eyewitness to the incident, but it appears from his evidence as well as from his complaint that he had a talk with Ramesh Ramji, the eye-witness before this incident and by stating in the complaint that names of the Bharwads were not known but they were known by their faces this complainant Treedakiya wanted to convey that Ramesh Ramji did not know the names of these assailants but knew them by their faces. Police after registering the offence went to the village and started recording statements of witnesses in the evening of 3-1-1985.

(3.) It appears that the prosecution witnesses who are alleged to have been seen the incident disclosed the names of these three accused as the assailants for the first time in the evening on 3- 1-1985 when their statements were recorded by the Police. The police also made panchnama of the scene of this incident and also attached a pair of shoes from the scene of this incident. Sticks were also attached under a panchnama the Police after completing the investigation submitted charge-sheet against these three accused to the Court of the Judicial Magistrate who in turn committed the accused to the Court of Sessions, Surat for trial according to law. The learned Trial Judge, as stated in the beginning convicted and sentenced them and hence this appeal.