RANCHHODBHAI MAFATBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant?accused has preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973 against the judgment and order dated 21.02.2013 passed by the 3rd Additional Sessions Judge (Ad?hoc), Anand (hereinafter referred to as 'the Trial Court ') in Sessions Case No.128 of 2011, whereby the Trial Court has convicted the appellant for the offences punishable under Section 302 of the Indian Penal Code and sentenced him to undergo life imprisonment and to pay fine of Rs.3,000/? in default thereof to undergo simple imprisonment for the period of three months.

(2.) As per the case of the prosecution before the Trial Court, on 04.08.1998 one Ratansinh Chhagansinh Solanki, Sarpanch of village Untwada, gave an information to the PSO of Tarapur Police Station that one Samantbhai Madhabhai Solanki, resident of his village had expired and therefore, he had called his cousin brother Narsingbhai, and that when he and Narsingbhai went to the hut of Samantbhai, he was found dead wearing only underwear, at the cot. It was further case of the prosecution that thereafter on 06.08.1998, a complaint came to be registered before the Tarapur Police Station at the instance of the complainant Narsingbhai Solanki, alleging inter alia that Samantbhai Madhabhai happened to be son of his uncle Madhabhai. The said Samantbhai was in the habit of consuming liquor and was staying in the field alongwith his wife Manekben. One Ranchhodbhai Mafatbhai Solanki who was also in the habit of consuming liquor had good relationship with Samantbhai. Thereafter, the said Ranchhodbhai had developed illicit relationship with his sister in law Manekben and both of them had also eloped for fifteen days. After they came back, they and Samantbhai all were staying together in the hut of Samantbhai. On 03.08.1998 at about 5.00 p.m. when he was returning from his field he had seen said Samantbhai, Manekben and Ranchhodbhai sitting at their hut. On the next day morning at about 9.00 a.m., Sarpanch Ratansinh Solanki had called him to his house and told him that Samantbhai had expired. Therefore, he and Sarpanch had gone to the hut of Samantbhai, where he was found dead lying on the cot wearing only underwear, and Manekben and Ranchhodbhai were not found there. It was further alleged by the complainant that he had come to know that some quarrel had taken place amongst Samantbhai, Ranchhodbhai, Manekben and two other persons from Vaghri community in connection with the sale of one lady and thereafter, the said Ranchhodbhai, Manekben and the said two other persons had killed Samantbhai by throttling his neck.

(3.) The said complaint was registered as C.R. No.I?54/1998 before Tarapur Police Station for the offences punishable under Sections 302 and 114 of the Indian Penal Code. The Investigating Officer after completing the investigation had laid the charge?sheet against one Mafatbhai Prabhatbhai, Shantaben Mafatbhai and Manekben Samantbhai, as the accused Ranchhodbhai Mafatbhai was absconding at the relevant time, in the Court of JMFC, Khambhat. On the committal of the case before the Sessions Case, the same was registered as Sessions Case No.3/1999. It further appears that during the pendency of the said case, the accused Manekben Samantbhai also absconded and therefore, the said case No.3/1999 was proceeded against accused Mafatbhai and Shantaben. The Sessions Court acquitted the said accused by the judgment and order dated 28.09.2003.