RAJAUBHAI BHAGVATBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants came to be tried by Sessions Court, Bharuch, in Sessions case No.59 of 1998, for the offence of murder of Kishore Kantibhai Vasava and causing hurt to Prahladbhai Mangubhai on 25th December, 1997, at about 20.00 hours, near Taad Faliya, at Ankleshwar.

(2.) The prosecution case, in brief, is that Meenaben, sister of the appellants was married to Pratapbhai, brother of the deceased. It was a love marriage, which was not liked by the appellants. On the day of the incident, when the deceased along with his cousins, Prahlad Mangubhai and Ranchhodbhai, was returning home, they were accosted by the appellants. Both the appellants were armed with knife. They hooted the deceased and party and, then, ultimately, appellant-Raju Bhagwat Vasava (A1) inflicted a knife blow on Kishore. Prahladbhai Mangubhai tried to intervene and appellant, Babu Bhagwat (A2) assaulted him with knife and caused hurt on the wrist. In the meantime, deceased-Kishore, after having received one knife blow from A1, started running, eye-witnesses, Prahlad and Ranchhod, followed him and they were all chased by the appellants. The deceased had hardly gone a distance of few feet when he fell down and A1 inflicted further blows on the deceased with his knife and then both the appellants went away. The deceased was taken to Civil Hospital, Bharuch, in an auto-rickshaw by his sister-in-law, Meena, who is the sister of the appellants and his own sister Meena alias Nazma. On examination, the doctor declared the deceased to be dead. Police was informed. On the basis of the Wardhi which was given by Meenaben, sister of the appellants, offence came to be registered and investigation started. The police, having found sufficient evidence to connect the appellants with the crime, filed charge sheet in the Court of learned Judicial Magistrate, First Class, at Ankleshwar, who, in turn, committed the case to the Court of Sessions, at Bharuch, and Sessions Case No.59 of 1998 came to be registered. The Sessions Court accepted the prosecution case and recorded conviction and passed sentence by judgment and order dated 15th March, 1999. Appellant No.1 came to be convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.500/-, in default, to undergo simple imprisonment for 30 days. He was also convicted for the offence punishable under Section 135 of the Bombay Police Act and sentenced to undergo simple imprisonment for 3 months and to pay a fine of Rs.200/-, in default, to undergo further simple imprisonment for 10 days.

(3.) We have heard learned Advocate, Mr. D. N. Vakil, appearing for H. L. Patel Advocates and learned Additional Public Public Prosecutor, Mr. Dabhi.