PRAVINBHAI PANCHABHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The sole accused has filed this appeal challenging his conviction under sections 302, 397 and 203 of the Indian Penal Code and section 135 of the Bombay Police Act rendered by learned Additional Sessions Judge, Morbi, by his judgment dated 22.3.2010 in Sessions Case No.24/2008. Case of the prosecution is that the accused Pravinbhai Panchabhai Vaghela was employed as a cleaner with the truck bearing registration no. G.J.12.Y.5814. The driver of the truck was Vinodbhai Patubhai Solanki Devipujak. According to the prosecution on 23.3.2008 at 2:30 am, the accused carried out the murder of driver Vinodbhai Patubhai Solanki near Raviraj cross roads by inflicting indiscriminate blows with knife in the stomach and hands of deceased Vinodbhai the driver. He was charged with offence punishable under section 302 of the IPC. Further, it was imputed that the cleaner the accused had robbed the driver of Rs.9000/- cash that he was carrying. Therefore, he was also charged under section 397 of the IPC. Accused was further charged with offence under section 203 of the IPC on account of the fact that though having carried the act of murdering the driver, he proceeded to lodge the FIR informing the police that both he and the driver were robbed by four unknown persons who had come in a utility vehicle.

(2.) Navdhanbhai Vasanbhai Aahir, Prosecution Witness No.3, the owner of the truck, was examined at exh.32. According to this witness, he is the owner of Gurukrupa transport company at Kutch- Bhuj. He owned the truck bearing registration no. G.J.12.Y.5814. Vinodbhai Patubhai Devipujak, the deceased, was a driver who was employed by him. Accused Pravinbhai Panchabhai was the cleaner attached to the truck. He identified the accused Pravinbhai Panchabhai who was present in the Court. According to this witness on 22.3.2008, driver Vinodbhai Patubhai Devipujak and cleaner Pravinbhai Panchabhai were proceeding from Sanghi cement company at Abdasa to Bhavnagar with the cement. In the evening at 8, Vinodbhai the driver called him up informing him that the truck had arrived and, therefore, the manager should be sent. Makanjibhai Kanjibhai, the manager was sent to Gujarat Petrol pump. He was sent at 8 in the evening with the cash amount of Rs.9000/- . According to this witness on 23.3.2008, at 6 in the morning, he received a call from Pravinbhai Panchabhai informing him that four persons in the utility vehicle had intercepted their truck near the Raviraj cross roads and robbed them of the cash and then killed the driver. According to this witness, he along with the manager and his accountant proceeded to Lajai cross roads near Tankara. Pravin was sitting inside the truck and the driver's body was on the back seat. There were injuries on the head and stomach of the driver. The Tankara police station was informed telephonically and the police arrived half an hour later. The parents of the deceased driver were informed and Pravin thereafter, lodged the complaint. Pravin had not sustained any injuries. This witness further testified that after the police recorded his statement on the next day, he came to know through the newspaper that it was the cleaner who had killed the driver. This witness was cross examined. However, nothing substantial has been revealed from his cross examination.

(3.) Makanjibhai Kanjibhai, Prosecution Witness No.4, was examined at exh.33. He was the manager of the transport company where the accused and deceased were employed. According to this witness, the incident occurred on 23.3.2008 at Morbi near Raviraj cross roads. He received a call from his employer on 23.3.2008 at around 6 in the morning. Prior thereto on 22.3.2008, at 8 in the evening, according to this witness, on a call from his employer, he had gone to give cash to the driver. He had carried around Rs.10,000/- with him. On 22.3.2008 at 8 in the evening at the Gujarat Petrol pump, he had handed over the cash amount of Rs.9000/- to the driver. Both the driver and cleaner were then together.