GAJENDRASINH @ JASUBHAI NARVATSINH GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the original accused no. 1 to challenge the judgement dated 01.09.2012 rendered by the learned Additional Sessions Judge, Ahmedabad in Sessions Case No. 414 of 2011. By the said judgement, the accused was convicted for the offences punishable under sections 302 and 323 of IPC and section 135 of the Bombay Police Act. For the offence under section 302, he was sentenced to life imprisonment. For other offences, lesser sentences were imposed.

(2.) Briefly stated, the prosecution version was that the complainant Meenaben and the accused no. 1 Gajendrasinh alias Jasubhai Narvatsinh Gohil had an affair in the past. Later on, Meenaben developed relations with deceased Ramdev Rudaji. On the night of 31.07.2011, at about quarter to 9, Meenaben and Ramdev Rudaji had gone to the market near her house to buy vegetables. Ramdev Rudaji was driving an autorickshaw which he had rented from the owner. The autorickshaw was parked near the house of the accused no. 1. When they passed by this autorickshaw they saw that the seat cover and the hood were damaged. When the accused no. 1 came there, Meenaben scolded him for damaging the rickshaw. The accused no. 1 abused her upon which a scuffle took place between him and the deceased. Accused no. 2 brother of accused no. 1 also joined in the fight and started beating the deceased. At that time, accused no. 1 took out a knife and gave multiple blows to deceased Ramdev on his neck, chest and other parts of the body due to which he died. A charge was, therefore, framed against both the accused at Ex. 4 for having committed the offences punishable under sections 302, 323 read with 114 of IPC and section 135 of the Bombay Police Act.

(3.) The prosecution case would rest mainly on the account of Meenaben Rameshbhai Thakur, P.W. 9, the complainant. She also claimed to be an eye witness. She deposed that she was living in Gujarat for the past 15 years. Her husband had died due to some black magic. She was surviving by doing embroidery work. She came in contact with accused no. 1 since she had given work of constructing her house to him. Later on, deceased Ramdev also started coming to her house. Ramdev was driving an autorickshaw. The seat and the hood were torn by someone. At about quarter to 9 at night, on 31.07.2011, she and Ramdev had got down from her house to buy vegetables. They saw that the rickshaw was damaged. Ramdev was worried, what answer would he give to the owner. At that time, accused no. 1 came on his cycle. She scolded him saying that he may have an animosity with her, why was he causing damage to this poor man. Accused no. 1 claimed that he had not caused any damage. He slapped her and abused her upon which a scuffle took place between the accused no. 1 and the deceased. His brother arrived and he also started beating the deceased. Accused no. 1 had a knife with which he gave several blows to the deceased. Ramdev went near her house and fell down. Pintu, a boy from the neighbourhood came and told her that Ramdev has been murdered. She went there. Pintu called an ambulance from her phone. Ramdev was taken to L.G. Hospital where he was declared dead. Her FIR was recorded which was produced at Ex. 37.