BHAYJI CHHANAJI ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The question before this Court, in this appeal directed against the judgement and order passed by the learned Sessions Judge, Ahmedabad (Rural) on 20th March, 1999 in Sessions Case No.18 of 1998, is whether the appellant has been rightly convicted for an offence punishable under section 302 of the Indian Penal Code on the charge of having committed murder by intentionally causing the death of Gemaji Dhulaji on 8.9.97 at any time prior to 4:30 in the morning as he had harboured the suspicion that the deceased was having illicit relations with his paternal uncle -s daughter.

(2.) The case of the prosecution is that the first informant Melaji Gemaji, had lodged a complaint with the Kanbha Police Station on 8.9.1997, stating that about a week prior thereto, in the evening, one Bhaiji Shanaji Jhala (the appellant herein) and his friend Manaji Javaji Jhala were standing in the narrow lane next to their house and had threatened his father that as he was not letting Madhi go to her in-laws - house, within a week they would cut him. At that time he had come out of his house to go to the village and on seeing him, both of them had also taunted him. He and his father had not lodged any complaint in this regard, and on the previous day i.e. 7.9.1997, at about 8 o -clock at night his father had gone to the bhajan at Badaji Sadaji -s place and had returned home at about 3:30 a.m. and had slept in the courtyard. Approximately between 4 to 5 a.m., Bhaiji Shanaji Jhala had come with his friend Manaji Javaji Jhala and dealt a blow with a dharia on the neck of his father Gemaji Dhulaji (hereinafter referred to as Sthe deceased ) and by injuring him caused his death. At that time his father had shouted, whereupon he had come running outside the house. He has seen Bhaiji Shanaji with a dharia whereas Manaji was standing with him nearby. On seeing him both of them had fled.

(3.) The complaint was recorded on 8.9.97 at 8:30 hours, in the presence of PW 6 Rampalsinh Kamalsinh Choudhary, Senior Police Sub-Inspector, Kanbha Police Station and the same was registered as Kanbha Police Station I C.R. No.114/97 for the offences punishable under Section 302 read with section 120B of the Indian Penal Code. Thereafter, the said officer took charge of the investigation and proceeded to the place of occurrence at Bhatpura village. He held the inquest on the dead body of the deceased and drew a panchnama accordingly, in the presence of panchas (Exh.12). The dead body was sent for post mortem examination to the Government Hospital. Thereafter he drew the panchnama of the scene of offence (Exh.11) in the presence of panchas and recorded statements of the concerned persons. On the same day in the evening the accused were arrested.