JAGDISHSINH UMDEDSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant came to be convicted for the offence of murder of Devidas Ramlal Patil, allegedly, committed by him on 07.07.1995 around 10.30 P.M., at the Police Academy Camp, at Karai, Taluka Chiloda, District Gandhinagar, and came to be convicted by Sessions Court, Ahmedabad (Rural) by judgment and order dated 10th December, 1999, rendered in Sessions Case No. 38 of 1996.

(2.) The prosecution case is that the appellant was working in S.R.P. and was posted at the Police Academy Camp, which was being run at Karai. Deceased-Devidas Ramlal Patil was also one such S. R. P. Jawans working there. Prior to the incident, earlier when both of them were at Bharuch, they had a quarrel. However, the dispute was settled by intervention of well-wishers. 2.1 At the time of the incident, i.e. around 10.30 P.M. on 07.07.1995, when the activities at the Camp had ceased and participants were either resting or viewing television, there was suddenly a shout for help followed by a hubbub. People started running helter-skelter and some persons noticed deceased-Devidas lying in an injured condition. They heard him saying that the appellant had caused injury to him. Some persons rushed to inform the superior officer and some tried to help the deceased by tying a lungi on the injury. The superior officer rushed to the spot but found that the deceased was unable to speak. He, therefore, ordered that the deceased be taken to hospital for treatment and some of the persons took the deceased to Civil Hospital, Ahmedabad, where he was declared dead. From what was divulged to the doctor at the Civil Hospital, the doctor informed police and the police, in turn sent a Wardhi disclosing that the accused had assaulted the deceased with a knife. However, the F.I.R. came to be registered by one Baban Ramchandra Malsure with Dabhoda Police Station implicating the appellant. The police registered the offence and investigated into the matter. Having found sufficient evidence against the appellant, the police filed charge sheet in the Court of learned Judicial Magistrate, First Class, Gandhinagar, who, in turn, committed the case to the Court of Sessions, Ahmedabad (Rural), as the offence was exclusively triable by a Court of Sessions and Sessions case No. 38 of 1996 came to be registered. 2.2 Charge was framed at Exhibit 4 for the offences punishable under Sections 302 and 201 of the Indian Penal Code and Section 135 of the Bombay Police Act. The accused pleaded not guilty to the charge and claimed to be tried. The Trial Court, after considering the evidence led by the prosecution, came to a conclusion that the prosecution was successful in establishing the charges against the accused for the offence of murder punishable under Section 302 of I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 2,000/- and, in default, to undergo further imprisonment for a period of four months. The appellant was acquitted for rest of the charges.

(3.) We have heard learned Advocate, Mr. Lakhani, appearing with Mr. Maulin G. Pandya and learned Additional Public Prosecutor, Mr. Bhate.