STATE OF GUJARAT Vs. DUDA BHIMA CHAUHAN

JUDGEMENT

(1.) Leave to appeal granted. Appeal is admitted. Learned advocate Mr. Hasit Dilip Dave for respondents No. 1 to 4 and 6 and learned advocate Mr. Tushar L.Sheth for respondents No. 5, 7 and 8, waive service.

(2.) Instant Appeal is preferred by the State under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order delivered by the Additional Sessions Judge and Presiding Officer, Fast Track Court No. 9, District: Rajkot at Gondal, on 27th January, 2005, in Sessions Case No. 80 of 2003, whereby all the eight present respondents, being accused of the Sessions Case, came to be acquitted by the trial Court for the charges leveled against them under Section 302, 201, 147, 148, 149 and 120-B, of the Indian Penal Code as well as for the charges under Section 37(1) and 135 of the Bombay Police Act.

(3.) According to the prosecution case, deceased in the incident are Lakshmiben, daughter of respondent No. 1 and one Shamjibhai alias Jitendra alias Nitin, and as per the allegation of the prosecution, both had eloped and had run away together. Respondent No. 1 Dudabhai Bhimabhai Chauhan is resident of village Khadkhad and other respondents, except respondents No. 5, 7 and 8, are his relatives. The relationship between both the deceased was not approved by respondent No. 1 and his family members and therefore, with an intention to get married, around 28th June, 2003, both the deceased eloped. Respondent No. 1 Dudabhai gave a complaint before Vadia Police Station on 1st July, 2003, against deceased Shamjibhai alias Jitendra under Section 363 and 366 of the Indian Penal Code for abduction of Lakshmiben by deceased Shamjibhai. While this crime was being investigated, it was found by Police on 1st July, 2003, that one Gadhvibhai, Sarpanch of village Charansamadhiyala informed the Police at about 16:45 hrs. that in the field of Bhagwanjibhai, one pair of ladies Chappals, Saree (Chunri), one water bottle, one pair of male Chappals, and blood stains were found. In Jetpur Taluka Police Station, necessary entry of this information was made and an inquiry was entrusted to Head Constable Bhalgamadia. Head Constable Bhalgamadia visited the field of Bhagwanjibhai at village Charansamadhiyala and from the Well situated in the field, dead bodies of a female and a male were taken out. The bodies were sent to the Government Hospital, Jetpur, for post-mortem. The investigating officer who was investigating the Crime Register No. I-38/2003 recorded against deceased Shamjibhai at the instance of respondent No. 1, was informed about this fact and therefore, said investigating officer Mr.V.B.Jadeja, Police Sub Inspector, Jetpur Taluka Police Station, inquired from relations of deceased from village Khadkhad. Both the dead bodies were identified to be of Lakshmiben and Shamjibhai. There were injuries on both the bodies by sharp edged weapons. On behalf of the State, therefore, PSI Mr. V.B. Jadeja gave a complaint on 1st July, 2003. It was recorded as Crime Register I-119/2003 against unknown persons for the offences punishable under Sections 302, 201 of the Indian Penal Code etc. The said complaint is on record at Ex.55. Investigation therefore was entrusted to PSI Mr. Jadeja. He visited the place from where the dead bodies were found. Panchnama of scene of offence was drawn. Inquest Panchnamas were drawn. From the place, Muddamal articles including sample earth as well as blood-stained earth was collected, and chargesheet against in all eight persons was submitted. During investigation, it was found that on 29th June, 2003, deceased Shamjibhai had visited PW 24, Jayantilal Narshibhai, at village Devda and according to the advise of Jayantibhai, Shamjibhai and Lakshmiben had stayed at the residence of one Gangabhai. On 30th June, 2003, both the deceased were seen at the Bus Stand of village Devda and were seen going towards the Sim of village Devda. It was also found during investigation that both the deceased had gone to the field of Haribhai Kababhai, PW 26, and stayed there for some time. Family members of both the deceased were in search of Lakshmiben and Shamjibhai. According to the prosecution case revealed during investigation, the present accused, on receiving information about both the deceased, in one rickshaw belonging to the accused No. 4, went to village Charansamadhiyala and inquired about Shamjibhai and Lakshmiben. The accused formed two groups for search of Shamjibhai and Lakshmiben. According to the further prosecution case, at that time, both the deceased were at the field of PW 16, Haribhai, and noticed that the accused were searching them and therefore, they ran towards the field of PW 14, Bhagwanjibhai, and concealed themselves in a room situated at the field. The accused apprehended both the deceased and they were beaten at that spot. Thereafter, the accused No. 1, Dudabhai, and accused No. 2, Pravinbhai, inflicted knife blows on both deceased and dead bodies were thrown in the Well. Accused thereafter absconded from that place. So thus, PW Bhagwanjibhai noticed blood stains, pairs of male and female Chappals, water bottle, etc., at his field near Well and informed the Police. According to the prosecution case, as per the information received under Section 27 of the Indian Evidence Act from the accused Nos.1 and 2, from the said Well, the accused Nos.1 and 2 discovered one knife from the bottom of the Well and indicated the place of offence as well as the manner in which the crime was committed.