PATEL HIMAT MOHANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 1344 of 1993 has been filed by the original accused No. 2, who has been convicted for the commission of the offence punishable under Sec. 201 I. P. Code. The Criminal Appeal No. 96 of 1994 has been filed by the original accused No. 1, who has been convicted for the commission of the offences punishable under Secs. 302, 364, 404 and 201 I. P. Code. The Criminal Appeal No. 165 of 1994 has been filed by the State because they are aggrieved and dissatisfied with the orders of acquittal qua the original accused No. 2 of other offences for which the accused No. 1 has been found guilty. These three appeals, arising from one and the same judgment of conviction and sentence have been heard together and shall be decided and disposed of by the present orders under the common judgment.

(2.) Two accused persons, namely, Nagjibhai Patel and Himatbhai Patel were tried for the alleged commission of the offence punishable under Secs. 302, 364, 201 and 404 read with Sec. 114 I. P. Code, on the accusation that, on 13/03/1993 at about 9-00 p.m. they had abducted deceased Nareshbhai Valjibhai Patel with a view to take away the golden chain of the value of Rs. 8,500.00 at village Chogath under the Umrala Taluka of the Bhavnagar District and later on the accused No. 1 had given him dharia blows, which had resulted into his death. It was also the case of the prosecution that the golden chain belonging to the deceased was removed from over the dead body and later on, with a view to destroy the evidence of the commission of the offence of murder, the accused persons had buried the dead body of the deceased in the outskirts of village Chogath. This case of the prosecution becomes apparent while reading the charge at Exhibit - 3.

(3.) The case of the prosecution is that, Nareshbhai Patel used to stay at Surat and used to run a medical store there in company of his brother. The deceased had gone to village Chogath on 11/03/1993 with a plan to stay there for a period of ten days, so that the Satsang of a Swamiji which had already commenced in the village could be attended by him. On 13/03/1993, Naresh had attended the Satsang but had not returned to his house, and therefore, on the next day the members of the family were in his search. The elder brother of the deceased, namely, Ghanshyambhai who was staying at Surat was also called. Ghanshyambhai in his turn had made every efforts to trace the deceased, but having failed in his pursuits he had informed the police, on 16/03/1993. On the very same day at about 4 to 5 p.m. the members of the family in anxiety were waiting at the house of the deceased and at that time PW - 6 Rasikbhai, Exhibit - 22 and PW - 6 Dineshbhai, Exhibit - 35 had approached them and had informed them that, the accused No. 1 had confesssed before them that the deceased has been murdered by himself and Nagjibhai, and that the dead body has been buried at the outskirts of the village. It appears that the village people, including the members of the family of the deceased had gone to the spot of the burial and later on police was informed. A formal complaint came to be filed before Umrala police on 17/03/1993 at about 8-30 p.m. The offences came to be registered against the appellants-accused. They were later on apprehended. It is the case of the prosecution that, during the investigation there was a confession before the learned J.M.F.C., Vallabhipur-Umrala by the accused No. 2 Himatbhai Patel. Certain discoveries were also made and later on the accused persons were charge-sheeted. The charge at Exhibit - 3 to which a reference has been made earlier came to be denied by the appellants-accused. Placing reliance upon the evidence on record, the learned Addl. Sessions Judge, Bhavnagar, vide his judgment of conviction and sentence dated 30/10/1993 has convicted and sentenced the appellants-accused. It is, therefore, that the present appeals have been filed by the two accused persons and by the State.