LAWS(GJH)-2007-5-172

KHENGAR GALBA RAVAL Vs. STATE OF GUJARAT

Decided On May 11, 2007
Khengar Galba Raval Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THIS appeal under Section 374 of the Code of Criminal Procedure has been preferred by the present appellants -accused being aggrieved and dissatisfied by the judgment and order of conviction dated 31st March, 1998, passed by the learned Additional Sessions Judge, Banaskantha at Palanpur in Sessions Case No.98 of 1996 whereby they were sentenced to undergo rigorous imprisonment for life and fine of Rs.1000/ -, in default, to undergo further twelve months S.I. for the charge under Section 302 read with Section 149 of the Indian Penal Code. They were sentenced to undergo rigorous imprisonment for five years and fine of Rs.800/ -, in default, to undergo six months S.I. for the charge under Section 307 read with Section 149 of the Indian Penal Code. They were sentenced to undergo one and two years and fine of Rs.200/ - and Rs.400/ -, in default, to undergo two and four months S.I. respectively for the charge under Section 147 and 148 of the Indian Penal Code. The appellant -accused no.5 was also sentenced to undergo three months rigorous imprisonment and fine of Rs.200/ -, in default, to undergo one month S.I. for the charge under Section 504 of the Indian Penal Code. The learned Additional Sessions Judge, Banaskantha at Palanpur ordered to run all the sentences concurrently.

(2.) SHORT facts of the case is that the complainant viz., Bhikhabhai Laxmanbhai Raval was residing at Ravalvas, Village : Vithodar, Taluka : Deesa along with his family and doing agriculture work. A relative of the complainant viz., Raval Dahyabhai Dalachhabhai had some disputes with the appellant -accused no.6 viz., Galaba Shankala Raval herein. Both filed various complaints and undertook various litigations into the Court and same were going on at the relevant point of time. For the purpose of attending the Court matters, the complainant being relative of Raval Dahyabhai Dalachhabhai used to accompany him. Since this was not liked by the appellant -accused no.6 viz., Galaba Shankala Raval and their son, they had grudge against the complainant and his family four years prior to the incident. On 23.08.1995 at about 10:00 a.m., when the complainant and his wife Ambaben were sitting at Talegadh bus stop as they wanted to go to Deesa Hospital due to ill -health of the wife of the complainant, the original accused nos.1 to 6 came there in a camel cart with deadly weapons and started abusing the complainant and telling that since he is coming in their way, various matters are not being settled between them. Thereafter, they assaulted the complainant with deadly weapon. Appellant -accused no.1 -Khengar Galaba Raval gave dharia blow on the head, appellant -accused no.2 -Mana Galaba Raval gave dharia blow on the left hand, the appellant -accused no.3 -Popat Galaba Raval gave stick blow on the right hand, the appellant -accused no.4 -Pira Galaba Raval gave dharia blow on the left leg and thigh, the appellant -accused no.5 -Jora Galaba Raval gave axe blow on the head of the complainant and the appellant -accused no.6 -Galaba Shankala Raval gave stick blow on the right hand of the complainant and as a result of that, the complainant became unconscious. At that time, the wife of the complainant came to his rescue and, hence, the accused persons also caused injuries to her on head and hand. On raising screams, one Raval Ratubhai Vihabhai (P.W.No.5) and his wife, Reshamben (P.W.No.2) reached the scene of offence and, hence, the accused persons fled away from the scene of offence with deadly weapon in a camel cart. Thereafter, son of the complainant viz., Pira Bhikha (P.W.No.4) along with other family members came to the scene of offence and took the complainant and his wife to Deesa Government Hospital in an auto rickshaw at about 12:15 p.m. Since it was a medico -legal case, the Medical officer of Deesa Hospital telephonically informed Deesa Rural Police Station about the incident. In pursuance of same, same has been registered as telephonic vardhy and P.I., Shri B.K. Chavda came to Deesa Hospital and recorded the complaint given by complainant, Bhima Laxman. Same has been sent along with forwarding letter to P.S.O., Deesa Rural Police Station, for the purpose of registering the same and, accordingly, it has been registered as Deesa Rural Police Station C.R.No.I -204/1995 for the offence under Sections 307, 326, 324, 143, 147, 148 and 149 of the Indian Penal Code and under Section 135 of the Bombay Police Act at about 13:25 p.m.

(3.) ON the basis of the complaint, the investigation was commenced and same has been handed over to P.I., Mr.Chavda (P.W.No.15) for investigation and he wrote yadi to the Executive Magistrate for the purpose of recording the dying declaration of the complainant and his wife viz., Ambaben (deceased) and also wrote yadi to Medical Officer for treatment. Thereafter, P.I., Mr.Chavda went to the scene of offence, drew the scene of offence panchnama and recorded the statements of Reshamben, Amansinhbhai, Ratubhai and Agarben. As Reshamben had also received injury, yadi was also given to her also. He also tried to search accused. Since he came to know that injured Ambaben, wife of the complainant succumbed to the injuries, he sent report to P.S.O. for addition of Section 302 of the Indian Penal Code. Thereafter, the complainant was shifted to Palanpur Hospital and because of the serious condition of the complainant, yadi was sent to Palanpur Police Station for recording the dying declaration. Thereafter, further statements of various witnesses were recorded. On the same day, as P.I., Mr.Chavda (P.W.No.15) was transferred to Ahmedabad, investigation was handed over to P.I., Shri C.L. Rathod, along with investigation papers and case diary. P.I., Mr.Rathod searched the accused persons and also recorded the statements of witness viz., Bachu, Surajben etc., and also seized the clothes of the deceased viz., Amaben, which were produced by the Head Constable viz., Nathabhai. Meanwhile, as accused produced themselves before the Police Station, they were arrested. As the appellant -accused no.3 showed willingness to produce the weapon used by them in the incident and which hid, preliminary panchnama to that effect has been prepared and, thereafter, three dharias, two sticks and one axe produced by the appellant -accused no.3 have been seized under the discovery panchnama. He also recorded the statements of auto rickshaw driver viz., Mahendrakumar, who took the complainant to hospital and, thereafter, he has also seized the clothe of the complainant after preparing panchnama to that effect. Thereafter, he sent the muddamal to F.S.L., Ahmedabad along with forwarding letter and receipt issued by the F.S.L., Ahmedabad was kept with the investigation file. He also made arrangements for preparing the map of scene of offence through Circle Inspector. He also collected copies of various complaints which have been filed by both the parties prior to the incident. On completion of the investigation, on the basis of the material collected against the appellant -accused, since the Investigating Officer found a prima facie case against the appellant -accused, he submitted charge -sheet before the Learned Judicial Magistrate, First Class, Deesa on 16.11.1995, which came to be numbered as Criminal Case No.4307/1995. As the case registered against the appellants -accused was exclusively triable by the Court of Sessions, the Learned Learned Judicial Magistrate, First Class, Deesa committed the case to the Court of Sessions under Section 209 of the Criminal Procedure Code and on receiving the same, it has been numbered as Sessions Case No.98 of 1996 and same has been sent into the Court of learned Additional Sessions Judge, Banaskantha at Palanpur for the purpose of disposing the same on merits.