BHALCHANDRA PARMANAND PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellants -original accused Nos.1, 2 and 3, being aggrieved by the judgment and order of conviction and sentence dated 13 -6 -2001 passed by the learned Addl. Sessions Judge, Gandhidham at Kutch in Sessions Case No.322 of 1999 for the offence punishable under Secs.302 read with Sec.34 of Indian Penal Code sentencing them to undergo rigorous imprisonment for life and to pay fine of Rs.20,000/ - each, in default, to undergo rigorous imprisonment for a further period of six months, have preferred the present appeal.

(2.) SHORT facts of the prosecution case are that on 16 -8 -1999 at about 8.30 p.m, the complainant, his wife Lilaba, son -deceased Indrasinh, son's wife and children were at home, Indrasinh left his house for purchasing country made cigar(beedi). At that time, his father told him to come at the earliest. Within few seconds, the complainant and his wife heard the shouts of their son for rescue and, therefore, they came out from Flat No.28 of Madhuben Apartment situated on the top floor in Plot No.257, Village Adipur, District Kutch, when they saw that their son was being caught hold of by the accused Nos.1 and 2 while accused No.3 was inflicting knife blows on him. Immediately, all the three ran away after throwing knife and scabbard on the floor. One of the neighbours namely, Kishorebhai came there and lifted the injured for taking him to hospital for treatment. Meanwhile, relatives of the complainant Babulal, who was informed over phone regarding the incident in question, came there along with milkman Khodabhai. As neighbour Kishorebhai had his rickshaw, victim was taken to Rambagh Hospital in his rickshaw by the complainant, Babulalbhai, Khodabhai, etc. The doctor at the hospital on examination of the injured declared him dead. The police was also informed by the complainant in the meantime over phone about the incident and janvajog entry to that effect was made in the Police Station diary being entry No.20 of 1999 of Adipur Police Station.

(3.) PSO thereafter deputed some police personnel to the scene of offence and also to Rambagh hospital. He also informed PSI, Shri Zala, who was in bandobast duty by way of wireless message and PSI, Shri Zala on receiving the said message proceeded to Adipur, visited the Police Station, went through the janvajog entry and thereafter proceeded to Rambagh hospital where he inquired from the complainant about the incident, recorded the complaint given by the complainant and sent the same to Police Station for its registration where it was registered as Adipur Police Station I.C.R.No.110 of 1999 for the offence punishable under Secs.302, 34 and 114 of Indian Penal Code and also under Sec.135 of Bombay Police Act.