ARVINDBHAI BHIKHABHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant having been convicted for offence under section 1. 302 of the Indian Penal Code has filed the present appeal challenging judgement and order dated 11.02.2013 by which, the learned Principal District and Sessions Judge, Tapi, Vyara, has convicted and sentenced the accused for imprisonment for life. The accused was the father-in-law of the deceased Anil. According to the case of the prosecution, deceased Anil was married with accused's daughter Sangita whose matrimonial relations have gone through a rough patch. There were fights between the son-in-law, the deceased and the father-in-law, the accused. On 16.04.2012 at 11 in the morning, the accused Arvindbhai Bhikhabhai Gamit had an altercation with deceased Anil. The accused picked up a stick lying by his side and hit on the head of the deceased. When the deceased tried to run away, an axe, which the deceased was carrying, was snatched away by the accused and the accused also hit the deceased on the neck. Son-in-law succumbed to the injuries. Hence, the learned Sessions Judge by a charge Exh 3 implicated the accused for offence under section 302 of IPC. Salmaben Arvindbhai Gamit, PW 3, Exh 12 was the daughter of

(2.) the accused. She was also the sister-in-law of deceased Anil. She was an eyewitness to the incident. According to her version, at 11 in the morning of 16.04.2012, Anil had come home on motorcycle carrying an axe. He had come with an intention to hit her father, the accused father-in-law. Anil started hitting her father with a stick in his hand. The reason behind the attack was that Anil's wife Sangita could not be found and the son-in-law blamed the father-in-law for her disappearance. Facing with the attack at the hands of the son-in-law with a stick, the accused picked up the axe which Anil had brought and inflicted two blows on Anil's neck. Anil died on the spot. Her father presented himself at Songadh Police Station. She called the Sarpanch Sumitraben on her mobile. Sumitraben arrived soon and lodged the First Information Report. The incident occurred outside her house. She further testified that she had witnessed the entire incident. Salma was cross examined. She agreed to the suggestion that her sister had been harassed by her brother-in-law Anil. A case in the court against Anil was lodged that Anil would repeatedly threaten the father-in-law. She also agreed to the suggestion of the defence that it was Anil, who had started the scuffle. She also agreed to the suggestion of the defence that it was Anil, who brought the axe and stick along with him; that it was Anil, who first hit her father with the stick and it was thereafter that her father who picked up the axe and hit Anil on the neck.

(3.) As is evident from version of Salma, the first information report was lodged by Sarpanch of the Grampanchayat Sumitraben. She was examined as PW 2 at Exh 10. First information report, which was lodged, is produced at Exh 11. According to the first information, she received a call at 11 on 16.04.2012 from Salma. Salma informed her that her father Arvindbhai had killed Anil. On receiving such information, she immediately left for Salma's house. On the way to her house, she met Arvindbhai who informed her that he was going to the police station. Arvindbhai was carrying a stick in his hand. He further told Sumitraben that he had committed a murder and she went to the scene of offence. She found Anil's body lying in the house. Anil sustained injuries on the neck. Salma informed her that it was her father who had killed Anil. This witness further testified that Salma confided her that Anil used to visit her house often and hit her father Arvindbhai. First informant Sumitraben was cross examined. She agreed to have stated in her police statement that Anil's wife Sangita when had left matrimonial home, Anil used to often come over and harass his father-in-law. Even on the date of the incident, it was Anil who had come over to the house. There is an intention to enter into a fight. Anil was a headstrong person. Through discovery panchnama Exh 20, the accused had led the police party to discover the muddamal article axe which was used for committing the offence. The axe was recovered from his own house.