(1.) The respondent accused Randhir alias Bobda Gordhanbhai Singal was the accused in Sessions Case No. 104 of 1985 in the Court of the learned Additional City Sessions Judge, Court No. 2, at Ahmedabad, wherein he stood charged for the offence punishable under section 302 of the Indian Penal Code relied with section 135(1) of the Bombay Police Act. The learned trial Judge convicted the accused under section 304 Part n of the Indian Penal Code, but did not find him guilty of the rest of the offences with which he was charged and consequently acquitted the accused of those offences, other than section 304 Part II of the Indian Penal Code. However, even when the trial Judge recorded his finding of guilt of the accused under section 301 Part II of the Indian Penal Code, he did not pass any sentence, in view of section 318 of the Criminal Procedure Code, and he forwarded the proceedings to this Court. This procedure under section 318 of the Code of Criminal Procedure was required to be followed, as the accused was deaf and dumb and could not be made to understand the proceedings.
(2.) Having been dissatisfied and aggrieved by the, conviction of the accused for the offence under section 304 Part II of the Indian Penal Code, the State of Gujarat has preferred the present appeal, which we are disposing of along with Criminal Reference No. 1 of 1986 made under section 318 of the Code of Criminal Procedure. 20.1.1987 The facts, shortly stated, are as follows: 3 Deceased, Kalidas Sangeni Pillai, was residing with his wife, Radhaben, and their son, Kumar, in Room No. 258 of the Ramraiwadi Slum Quarters, Ahmedabad, Room No. 258 is situated on the second floor of the same buildings. The accused Randhir alias Bobda Gordhanbhai Singal, and his father, Gordhanbhai, were residing in Room No. 260 in the very block wherein, as stated above, deceased Kalidas, was residing. Father of the accused sold his room to one Gopalbhai for Rs. 7,000/- about 5 to 6 years prior to the incident. The room was vacated by them and since then it was in possession of Gopalbhai. About 4 to 5 months prior to the occurrence of the incident, the accused along with his wife returned to the same building and occupied the terrace portion of the block, situated above the second floor. It appears that in the meantime, the accused and his father Gordhanbhai had gone away to Indiranagar for the purpose of their residence. Indiranagar is situated at a distance of about 500 to 600 feet from the building where they were originally residing. It is the prosecution case that when the accused came to reside on the terrace of the building he was pressing Gopalbhai to return the room which was sold to him by his father. The deceased Kalidas acted as mediator between the two and a sort of settlement was brought about by him about a month prior to the occurrence of the incident. We are not quite concerned with the terms of the compromise but broadly speaking, it was to the effect that if the accused returned the amount taken by way of consideration for the room by the father, Gopalbhai would vacate the premises. However, the prosecution case is that this compromise was not acceptable to the accused and he was nurturing a grievance against Kalidas for bringing about such a compromise.
(3.) (The incident in question occurred on 4.4.1985 at about 8.45 p.m. Kalidas had gone to his service in the mills in the first shift and had returned at about 3.30 p.m. He took some rest also took his bath and went to Kartik Swamy Temple on his cycle as it was a festival of Kartik Swamy. Kalidas returned at about 8:30 p.m. to the building, and at that time the accused was standing near Matajis Temple, having by his side his cycle. In order to pick up a quarrel, the accused collided his cycle with that of Kalidas. Kalidas by gesture asked the accused (since the accused is deaf and dumb) as to why did he do so. The accused got excited and gave a push to Kalidas. Kalidas fell down, but on getting up he again by gestures rebuked the accused. On being rebuked the accused went to the terrace of the block. Kalidas followed him on the stair case in order to go to his own residence, which is situated on the second floor, as pointed above. While Kalidas was yet climbing the stair case the accused returned with a spear in his hand and attached Kalidas on the left side of his chest, as a result of which Kalidas fell down on the stair case. The accused, after getting down the stair case, with the spear still in his hand went away outside the block. Kumar, son of Kalidas, who was standing in the lobby outside the room, witnessed the incident. He rushed to his father, who by that time was profusely bleeding. He raised cries, on hearing which his aunt, Parmeshwariben occupant of room No. 259 and other occupants also rushed to the scene of occurrence.) (Kalidas was removed to the L.G. Hospital in a rickshaw and the Medical Officer on duty, who examined him, found him dead.) Police Constable Ghanshyam Babudan Gadhavi, was on duty at the hospital, and on being informed about the incident at about 9.50 p.m. he conveyed the information on telephone at Amraiwadi Police Station which was recorded by P.S.0. Balwant Singh Vaghela. He gave written information to P.1. Mr. Patil. The Investigation was carried out, the details of which need not detain us. (The accused was tried by the learned Additional City Sessions Judge, who convicted the accused under section 304 Part II of the Indian Penal Code. Since the matter is referred to us under section 318 of the Code of Criminal Procedure, we are required to pass an appropriate order in the matter.)