RAMESH ALIAS RUPA MEGHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No.425 of 1997 has been filed by the appellant -original accused -Ramesh @ Rupa Megha of Sessions Case No.175 of 1996 while Criminal Appeal No.426 of 1997 has been filed by the appellant -original accused -Gautam Nathu Mena of Sessions Case No.194 of 1996 against the common judgment and order dated 9 -4 -1997 rendered in Sessions Cases Nos.175 of 1996 and 194 of 1996 respectively by the learned Addl. Sessions Judge, Ahmedabad City, whereby learned Judge has convicted and sentenced both the appellants -accused for the offence under Sec.302 of IPC to suffer for life and fine of Rs.6,000/ -, in default, to suffer RI for 4 months and for the offence under Sec.445 of IPC to suffer for four years imprisonment and fine of Rs.2,000/ -, in default, to suffer RI for 2 months. No separate sentence was awarded for the offence under Sec.135 of B.P.Act.

(2.) IT may be noted that both the Sessions Cases Nos.175 of 1996 and 194 of 1996 have arisen from one offence registered at Navrangpura Police Station as C.R.No.I -871 of 1995 wherein both the accused have been shown as accused for the offences punishable under Sec.302 read with Sec.34 and Sec.455 of IPC and also under Sec.135(1) of B.P.Act. The appellant -original accused -Gautam Nathu Mena of Criminal Appeal No.426 of 1997 was absconding and later on he was arrested by Haveli Police under Sec.41(A) of Code of Criminal Procedure on 3 -6 -1996 and on the same day, he was arrested in the offence in question. At the end of investigation, supplementary charge sheet was submitted on 26 -6 -1996 against him. Charge against him has been framed on 29 -8 -1996 while charge against the appellant of Criminal Appeal No.425 of 1997 has been framed on 2 -8 -1996. At the end of trial, learned Addl. City Sessions Judge, Ahmedabad, delivered the aforesaid judgment and order of conviction.

(3.) SHORT facts of the prosecution case are that the complainant, his brother Dipakbhai, other brothers and parents are staying in Bungalow No.B/11, Rajhans Society, Navrangpura, Ahmedabad City, in a joint family. All were having separate bed rooms in the said bungalow. During the intervening night between 16th and 17th December, 1995 at about 5.15 a.m., the complainant Jaydeepbhai Bharatbhai Kothari heard the shouts of his brother Dipakbhai's wife Dinaben and, therefore, he went towards the said bedroom of his brother on the first floor. At that time, he saw one person coming from the bedroom of his brother having knife in his hand and hence, complainant tried to catch him. During the scuffle, other persons i.e. Cook and other servants also reached there and tried to catch -hold but they could not succeed and said person was able to escape from the place. However, the knife held by him fell on the floor. Another person who was standing very near to the bedroom door with knife in his hand went into the bathroom to save himself but he was locked from outside by the family members and servants. As he saw his elder brother lying in a pool of blood in the bedroom, he took him in a bedsheet. Meanwhile, witness Alpeshbhai informed the police over phone. In the scuffle, Sanjaybhai and Alpeshbhai received injuries. Thereafter, they took Dipakbhai in V.S.Hospital and was admitted in the emergency ward. During the course of treatment, Dipakbhai succumbed to the injuries and, therefore, complaint of Jaydeepbhai has been recorded by PI, Shri S.P.Oza and registered it as Navrangpura Police Station C.R.No.I -871 of 1995 for the offence punishable under Sec.302 read with Sec.34 of IPC. The police started investigation, prepared inquest panchnama of the dead body of Dipakbhai and also made arrangements to send the dead body for post mortem. Police also prepared panchnama of scene of offence in presence of panchas and muddamal seized from the scene of offence was attached under panchnama and the accused who was locked in the bathroom from outside was arrested by drawing arrest panchnama in presence of panchas. Cloth and shoes wore by the accused and other things including the money were seized in presence of panchas by drawing panchnama. Thereafter, he recorded statements of various witnesses and also made arrangements to send the muddamal into FSL with forwarding letter. He collected injury certificate of injured witnesses and post mortem note as well as injury certificate of deceased. Since he was transferred on 28 -12 -1995, further investigation was started by PI, Mr.Gohil and on his transfer, investigation was taken over by PI, Shri M.D.Bhatt and at the end of investigation, he submitted the charge sheet in the Court of learned Metropolitan Magistrate on 12 -3 -1996 qua accused -Ramesh @ Rupa Megha only since other accused Gautam Nathu Mena was absconding.