VIJAYBHAI KHANDUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The judgment and order dated 28.03.2013 of conviction and sentence passed by the 5th (ad-hoc) Additional Sessions Judge, Surat (herein after referred to as "the Trial Court") in Special Atrocity Case No.18 of 2012 is under challenge before this Court in the appeal filed by the appellant - original accused. The Trial Court has convicted the appellant - original accused for the offences punishable under Section 302, 323, 324, 332 and 353 of the Indian Penal Code and under section 135 of the Bombay Police Act and sentenced him to undergo life imprisonment and to pay fine of Rs.10,000/-, in default thereof, to undergo further simple imprisonment for a period of 6 months. The Trial Court has acquitted him for the offence under Section 3(1)(10) of the Atrocities Act.

(2.) The case of the prosecution before the Trial Court was that a complaint came to be lodged by the Unarmed Police Constable Mayur Amirdan Gadhavi on 01.12.2011 before the Olpad Police Station alleging, interalia, that when he was on duty at the Police Station, one Jayantibhai Rambhai Patel and his wife Smt.Daxaben Jayantibhai Patel, who happened to be the Sarpanch had informed him that one Vijaybhai Khandubhai Patel, resident of Ishanpor was moving with knife around his house, and that he was in the habit of assaulting the persons in the town. He (i.e. the Complainant), therefore, had reached to the Village-Ishanpor along with Head Constable Babubhai Raisingbhai and Driver Police Constable Sukalbhai Bariya at about 01.45 p.m. and had gone to the house of Vijaybhai Khandubhai Patel, as shown by the said Jayantibhai. It was further alleged in the complaint that the said Vijay Patel was sitting on the coat outside his house. When the complainant, Head Constable Babubhai and Police Constable Sukalbhai tried to catch hold of the said Vijaybhai, he suddenly brought out one knife from the backside of his waist and inflicted blows on the left side chest of the Head Constable Babubhai Raisingbhai. When the complainant and Sukalbhai again tried to catch hold of him, the complainant also got injuries on the fingers of his right hand. Since Babubhai had received serious injuries and blood was oozing from his chest, he was taken to the Olpad Government Hospital, and Vijaybhai was arrested. During the course of treatment, the said Babubhai expired. The said complaint came to be registered as I.C.R.No. 160 of 2011 under Sections 302, 323, 324, 332 and 353 of the Indian Penal Code and Section 135 of the Bombay Police Act and Section 3(1)(10) of the Atrocities Act before the Olpad Police Station. After the charge-sheet was filed by the Investigating Officer, the case was registered as Criminal Case No.289 of 2012 in the Court of Judicial Magistrate First Class, Olpad. After the committal of the said case, the Trial Court framed the charge at Exh.4 against the accused for the said offences. The appellant-accused denied the charges levelled against him and claimed to be tried. The prosecution examined 12 witnesses and produced documentary evidence to prove the said charges. The Trial Court, after appreciating the evidence on record, convicted the appellant - accused and imposed the sentences, as stated herein above.

(3.) At the outset, it is required to be stated that in the further statement recorded by the Trial Court under Section 313 of the Code of Criminal Procedure, the accused while denying the incriminating evidence which had come on record against him, had further stated that he was mentally unstable at the time of incident and was under the medical treatment. He had lost his sense of discretion, and therefore, the police had falsely implicated him in the case.