SELABHAI BHARABHAI BHARVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The sole accused has filed this appeal challenging the judgement and order dated 30.12.2011 passed by the Additional Sessions Judge, Ahmedabad, by which, though acquitted of the offence charged under the Atrocities Act, the accused has been convicted and sentenced to life imprisonment for the offence under section 302 of IPC. As is evident from the charge, Exh 1, the case of the prosecution is that on 31.10.2009, at about 11:30 at night, when the complainant Kalpeshkumar Surabhai Garasiya was sleeping on an iron cot alongwith Poonambhai Veerabhai Bharwad, the accused Selabhai Bharabhai Bharwad, who was the nephew of Raghubhai, attacked Poonambhai with a stick. According to the charge, he inflicted two blows on Poonambhai's face and head and then escaped in the darkness towards Vandarwad lake. The apparent motive according to the charge was the fact that it was not as per Selabhai's liking that Raghubhai had employed Poonambhai, the deceased. The accused was charged for having committed offence under section 302 of IPC read with section 135 of the Bombay Police Act. He was further charged for having committed offence under section 3(2) (5) of the Atrocities Act.

(2.) Essentially the case rests on the testimony of the complainant, PW 1, who is examined at Exh 13. According to this witness, at the time of the incident, he was staying at an open plot owned by Raghubhai Bharwad. On 31.10.2009, on the date of the incident he alongwith his maternal uncle Poonambhai had returned after their work and were resting on the iron cot in the open plot. Selabhai, who was Raghubhai's nephew suddenly approached with a stick and attacked Poonambhai. According to this witness, Selabhai attacked Poonambhai on his head and his chest. Having seen being attacked, he shouted, as a result of which, Selabhai escaped in the cover of darkness. An ambulance was summoned and when the doctor arrived at the scene, Poonambhai was declared dead. The complaint was produced at Exh 14. This witness identified Selabhai, who was present in the Court. The muddamal article, stick was also identified by this witness.

(3.) Pw 2, Ramsing Huklabhai Paraghi, was examined at Exh 15.