HASMUKHBHAI GOKALDAS SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) INSTANT Appeal is preferred by the appellant under Section 374 of the Code of Criminal Procedure, against the judgment and order, delivered by Special Judge, ahmedabad (Rural), Mirzapur, on 23rd of September, 1996, in Special criminal Case No. 12 of 1993. Present appellant, being accused of the said Special criminal Case No. 12 of 1993, was charged with the offences punishable under Sections 306, 323 of the Indian Penal Code as well as under Section 3 (l) (x) as well as under section 3 (2) (v) of The Scheduled Castes and scheduled Tribes (Prevention of Atrocities)Act, 1989. Vide judgment impugned in this appeal, the appellant was convicted by the trial Court for, the offences punishable under sections 323 and 306 of the Indian Penal Code and for the offences punishable under Section 3 (1) (x) and under Section 3 (2) (v) of the Prevention of Atrocities Act. Accused was sentenced to undergo rigorous imprisonment of one year and to pay fine of rs. 1,000/-, in default, to undergo imprisonment of three months for the offence proved under Section 323 of the Indian Penal code. The appellant was also sentenced to undergo rigorous imprisonment of 10 years and to pay fine of Rs. 10,000/-, in default, to undergo simple imprisonment of two years for the offence proved under Section 306 of the Indian Penal Code. He was sentenced to undergo rigorous imprisonment of three years and to pay fine of Rs. 3,000/-, in default, to undergo simple imprisonment of six months for the offence punishable under Section 3 (1) (x) of the scheduled Castes and Scheduled Tribes (Prev ntion of Atrocities) Act, 1989. Like wise, he was also sentenced to undergo life imprisonment for the offence punishable under section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989 and to pay fine of Rs. 10,000/-, in default, to undergo rigorous imprisonment of three years. It was also directed by the Trial Court that out of the amount of fine, an amount of Rs. 20,000/- be paid to the original complainant by way of compensation under Section 357 of the Indian Penal Code and, hence, this Appeal against the judgment and order of conviction and sentence.

(2.) AS per the brief facts of the prosecution case, the present accused was serving as a Supervisor at Birla and Harjivandas High school, Dhandhuka in Ahmedabad District. The incident in question occurred on 1st of july, 1992 at about, 4. 30 p. m. Deceased arvindbhai Purshottam, belonging to scheduled caste, was a student in the said school. On the day of the incident, accused had parked his scooter in the school compound. In the second recess at about 4. 15 to 4. 30 p. m. deceased Arvindbhai tried to tamper with the scooter of the accused and on account of which, the scooter ignited and started. He could not kill the engine of the scooter and, therefore, somebody informed the accused about this. It is alleged that accused rushed in the compound and abused deceased Arvindbhai and also uttered derogatory words to lower the caste of the deceased. Accused also gave fists and kick blows to deceased Arvindbhai. This was considered to be indiscipline on the part of the student and, therefore, father and guardian of Arvindbhai i. e. complainant purshottambhai Kanubhai was called upon by the school authorities. Student deceased arvindbhai tried to locate his father, who was a tractor driver in municipality and after locating him, brought him to the school. The father and student both met the accused in the office of the school. It is the allegation of the prosecution that in the office, the accused allegedly told the father of the deceased Arvindbhai that his son Arvindbhai had sat on the scooter of the accused and thereby had polluted the same. Other conversation, according to the prosecution case, took place in which the accused uttered insults to the caste of the student Arvindbhai and his father. It is alleged that the accused further threatened the father of Arvindbhai that Arvindbhai would be rusticated from the school after issuing red endorsement certificate. However, by the act of supplication on the part of the father of Arvindbhai, the accused asked them to give apology and sign apology letter, which was written and ready. Complainant the father of Arvindbhai signed such apology letter. Thereafter, both of them i. e. father and son went towards their residence. On way, some conversation took place between the father and son, wherein son conveyed to his father that accused had beaten him by fists and kicks. Thereafter father - complainant went to his job while Arvindbhai was sent to his house. Thereafter complainant Purshottambhai reached at his residence at about 7. 45 p. m. and inquired about his son Arvindbhai. He found that Arvindbhai had not returned to his house. In the meantime, information was received that a dead body of a boy was found on railway track and an accident had occurred and, ultimately, it was revealed that arvindbhai had committed suicide laying down on tracks and was crushed under on coming train. Initially, the Railway Police started inquiry into accidental death, but body was sent to the post-mortem examination, wherein relative of the deceased, who was working in the hospital, found some chits from the person of the deceased, which turn to be suicidal notes. Thereafter, complainant purshottambhai filed a complaint on 5th of July, 1992 against the accused before Dhandhuka Police Station, which was registered as a crime against the accused for the above said offences. Investigation was carried out and, ultimately, a charge-sheet came to be filed in the Court of Special judge, Ahmedabad District (Rural) and was made over to the Trial Judge.

(3.) CHARGE was framed against the accused vide Exhibit-8 on 2nd of March, 1995 for the above said offences, to which the accused pleaded not guilty and, therefore, the prosecution examined the following witnesses and pfoduced following documentary evidence. <FRM>JUDGEMENT_2919_CRLJ_2009Html1.htm</FRM>