NAGINBHAI SURABHAI DANTANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present conviction Appeal has been filed by the appellants-original accused No.1, under Section 374(2) of the Cr. P.C., against the Judgment and order dated 30.06.2015 rendered in Sessions Case No.39 of 2013 by the learned 2nd Additional Sessions Judge, Gandhinagar, whereby the appellants-accused were convicted for the offence punishable under Section 304 Part-II of the Indian Penal Code and sentenced to undergo ten years rigorous imprisonment with fine of Rs.30,000/-, in default of payment of fine, further simple imprisonment of one year. The applicant-accused was also given benefit of set-off. The applicant was acquitted from the charges under Sections 323, 504, 506(2) and 114 of the IPC and under Section 135 of the Gujarat Police Act.

(2.) It is the case of the prosecution that the complainant- Madhiben w/o Sampatbhai Surabhai Dantani lodged the complaint with Pethapur Police Station on 09.12.2012 alleging that on 08.12.2012 in the evening there was quarrel of the husband of her daughter (son-in-law) named Chetanbhai Praladbhai with Rakesh-accused No.2 who is the son of brother of her husband (brother-in-law) named named Naginbhai- accused No.1-appellant herein on the aspect of giving money of labouer work. It is alleged that keeping vengeance, on the date of the incident at about 12:00 noon, when her husband Sampatbhai-deceased was at home at that time Naginbhai- original accused No.1 had come with Danti in his hand and he inflicted a blow on the head and as a result of which there was bleeding from the head of her husband and he became unconscious and fell down. It is stated that therefore, she shouted and on hearing the shouting, her sons Rohit and Devendra came there to rescue. It is alleged that at that time, sons of the accused No.1-namely Sanjay, accused No.2 and Rakesh-accused No.3 came with sticks and they started beating to her sons by sticks. It is alleged that when she tried to save her sons, accused No.2-Sanjay inflicted a stick blow on the fist finger of her left hand and as a result of which there was bleeding. It is alleged that since the people gathered there, the accused had run away by threatening that as today people have gathered, they have left them, but they would kill all of them. It is stated that since her husband Sampatbhai had sustained server injury, he was shifted to Sardhav Hospital and from there he was referred to Civil Hospital, Gandhinagar and thereafter, he was referred to Civil Hospital, Ahmedabad for treatment. Initially an FIR bearing C.R.No.I-116 of 2012 was registered with Pethapur Police Stations for the offences punishable under Sections 307, 323, 504, 506(2) and 114 of the IPC and under Section 135 of the Gujarat Police Act. However, during the treatment, the husband of the complainant scummed to the injury on 10.12.2006 and hence, offence under Section 302 came to be added.

(3.) Thereafter, the investigation was carried out and statement of the witnesses were recorded. Inquest panchnama and place of the panchnama were drawn. Dead body was sent for postmortem and postmortem was carried out. Muddamal was also recovered. Thereafter, appellants-accused were arrested. Ravangi note was prepared and muddamal was sent to the FSL for expert opinion.