HARESH DHANJIBHAI KATARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals arise out of the judgment dated 19.12.2011, passed by the learned Additional Sessions Judge, Ahmedabad, in Sessions Case No.331 of 2010. Original accused no.1Haresh Dhanjibhai Kataria i.e. the appellant of Criminal Appeal No.150 of 2012 was convicted for the offence punishable under section 302 of Indian Penal Code and sentenced to life imprisonment. He was also convicted for offences punishable under sections 394 and 201 of Indian Penal Code and sentenced to lesser imprisonment. Original accused no.2Maheshkumar Khemsibhai i.e. the appellant of Criminal Appeal No.95 of 2012 was sentenced for offences under sections 201 and 212 of Indian Penal Code and sentenced to rigorous imprisonment of five years. Fine was also imposed.

(2.) Briefly Stated, The Prosecution Version Was That accused no.1Haresh Dhanjibhai had sour relations with deceased Dimple Rameshchandra Patel. Dimple Rameshchandra had filed a complaint against the said accused alleging offences punishable under sections 392, 323, 294 read with section 114 of Indian Penal Code before the Madhavpura police station on 18.11.2006. The said accused would often pressurize Dimplebhai to withdraw the said complaint. Dimplebhai however, did not oblige. Keeping a grouse due to such background, the said accused went to the office of Dimplebhai at night at about 9:30 on 06.03.2009, stabbed him several times with his knife and then threw him from the 5th floor to the ground, causing his death. The accused also took away a goldchain and a nokia mobile phone, which in turn, were given by the accused no.1 to accused no.2 who sold these articles. The accused no.2 knowing that the accused no.1 was involved in murder, had arranged for his stay at Dhanera. Accused no.2 was therefore charged with offences punishable under sections 201 and 212 of Indian Penal Code whereas, accused no.1 was charged with offences punishable under sections 302, 394, 201 and 212 of Indian Penal Code. Strangely, such charges were also leveled against the accused no.2 with the aid of section 114 of Indian Penal Code. However, for want of any evidence on record, the accused no.2 was acquitted for the offences under sections 302 and 394 read with section 114 of Indian Penal Code.

(3.) Umang Rameshbhai Patel, PW2, Exh.17, was the brother of deceasedDimplebhai Patel. He deposed that his elder brother Dimplebhai lived at Gurukul area of Ahmedabad. He had an advertising agency. His office was situated in B.G.Tower, Shahibaug, Ahmedabad. Dimplebhai was also a councilor in Memnagar panchayat. He would attend office from 12 in the afternoon till 9'O clock. He had employed two people in his office; Dineshbhai and Nayanbhai. Dimplebhai used an esteem car. On 6th, when he returned from work, Dimplebhai's wife called him and informed him that Dimplebhai was taken to trauma center at Civil hospital. He therefore reached Civil hospital and found that Dimplebhai's deadbody was kept there. There were multiple injuries on the body caused with sharp instrument. The witness then went to the office of Dimplebhai and found that chairs and other furniture was totally scattered. On the floor and on the walls of the office, blood stains were there as also on the glasstop of the table. The office computer was still on. He suspected that his brother who had a quarrel about parking the car with Haresh Katariya and others in the year 2006, for which, a police complaint was also filed, may be involved. He stated that these people were mischievous people and were pressurizing his brother for compromising the case. Haresh Katariya was the main culprit in the case. This witness had lodged the FIR before the police about the death of his brother which he has produced at Exh.18.