KAILASH RAGUVIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A crime came to be registered against four accused, namely, (1) Jatashankar Asharam Pande, (2) Kailash Raghuvir Mishra, (3) Gitaben, wife of Jatashankar Asharam, and (4) Rajkumari, wife of Kailash Raghuvir, all residing at Balmukund Chawl at Shahpur Mill Compound,Ahmedabad before Karanj Police Station for the offences punishable under Sections 302. 325. 323 to read with Section 34 of Indian Penal Code. Accused were further charged for the offence punishable under Section 504 of Indian Penal Code as well as for the offence punishable under Section 135(1) of the Bombay Police Act. In pursuance of the investigation, charge-sheet was submitted by Karanj Police Station against the accused before the Court of Metropolitan Magistrate. 5th Court, Ahmedabad and the said case thereafter was committed to the court of Sessions situated at Ahmedabad. After fullfledged trial, vide judgment and order delivered by learned Addl.City Sessions Judge. 3rd Court, Ahmedabad on 17th October 1985,the court was pleased to hold guilty accused No. 1 Jatashankar Asharam Pande for the offence punishable under Section 304 Part-1 of the Indian Penal Code and he was sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 1000/-, in default to undergo simple imprisonment for one year. Accused No. 1 Jatashankar Asharam Pande was also held guilty for the offence punishable under Section 325 of the Indian Penal Code, for which he was sentenced to suffer rigorous imprisonment for three years. He was also found guilty for the offence punishable under Section 323 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for six months. It was directed that all the substantive sentences were to run concurrently. Accused No.2- Kailash Raghuvir Mishra was held guilty for the offence punishable under Section 325 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment of three years and to pay a fine of Rs. 5007 - in default to undergo simple imprisonment for six months. He was also held guilty for the offence punishable under Section 323 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six months. It was directed that both the sentences of imprisonment were to run concurrently. Accused No.3- Gitaben, wife of Jatashankar Asharam, and accused No.4 - Rajkumari, wife of Kailash Raghuvir, were held guilty for offence punishable under Section 323 of Indian Penal Code and were ordered to be released on probation on each of them executing a personal bond of Rs. 1000/- for good behaviour and for two years. It was directed that in case of violation of the conditions of bond, they would be called upon to receive the sentence. All the four accused came to be acquitted by the trial court for the charges levelled against them under Section 302 to read with section 34 under Section 325 to read with Section 34, and under Section 323 to read with Section 34 of the Indian Penal Code. All the four accused also came to be acquitted by the trial court for the offence punishable under Section 135(1) of the Bombay Police Act and accused No.3 was also acquitted of the charge under section 504 of the Indian Penal Code. It was further directed that fine, if paid, by the accused Nos. 1 and 2, then out of the amount of fine paid, an amount of Rs. 500/- and Rs. 300/- respectively would be paid to the widow of the deceased Pancham Harakhu in the case.

(2.) Criminal Appeal No. 956 of 1985 is preferred by accused No.2-Kailash Raghuvir Mishra, under Section 374 of the Code of Criminal Procedure against his conviction and sentence, as aforesaid. Criminal Appeal No. 1010 of 1985 is preferred under Section 374 of the Code of Criminal Procedure by accused No. 1 - Jatashankar Asharam Pande, Gitaben, wife of Jatashankar Asharam -accused No.3, and Rajkumari, wife of Kailash Raghuvir- accused No.4 against their conviction and sentence, as aforesaid. Criminal Appeal No. 1238 of 1985 is preferred by the State against all the four accused under Section 378 of Code of Criminal Procedure for acquittal of each of the accused for the offence punishable under Section 302 to read with Section 34 of the Indian Penal Code. Criminal Revision Application No.541 of 1985 is preferred by informant complainant Shankar Bhadriprasad Maurya against all the accused and the relief is claimed against the acquittal of all the four accused for the offence punishable under Section 302 to read with Section 34 of the Indian Penal Code while Criminal Revision Application No.542 of 1985 has also been preferred by informant complainant Shankar Bhadriprasad Maurya for the relief to enhance the sentences awarded to each of the four accused.

(3.) During the pendency of Criminal Appeal No. 1010 of 1985, appellant No.1- accused No. 1- Jatashankar Asharam Pande, died and in pursuance of provisions of Section 394 of Code of Criminal Procedure, his legal heir Dharmendra Jatashanker Pande, within period of limitation applied for continuation of the appeal and to replace him in the place of deceased appellant. The application was allowed by this Court vide order passed on 7th March.2007 in Criminal Misc.Application No.11560 of 2006. Accordingly Dharmendra Jatashanker Pande was permitted to continue Criminal Appeal No. 1010 of 1985 on behalf of deceased appellant Jatashankar Asharam Pande.