ARVINDBHAI VISHRAMBHAI GUPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order of conviction passed by the learned Additional Sessions Judge, Fast Track Court No.2, Ahmedabad City convicting the present appellant for the offences punishable under Sections 365, 342, 294(b) and 302 of the Indian Penal Code. Rest of the accused Nos. 2 to 4 are acquitted of the charges levelled against them.

(2.) THE case of the prosecution as alleged in the charge framed against the accused is that between 6.6.2005 at 17.00 hours and 7.6.2005 at 9.30 hours, deceased Chirag Soni and the victim Sunil Soni were kidnapped in abatement to each other from Khadiya Patasa Pole and took them in a rickshaw to Amraiwadi and confined them in house No.107, Janta Nagar Society ni Chali and thereby, they have committed the offences under Sections 302, 365, 342, 294(b) read with Section 114 of the Indian Penal Code. It is also alleged that witness Sunil Soni and the present appellant (Accused No.1) were working on the machine used for the purpose of plating the silver. It is alleged that the appellant (A1) brought certain ornaments for plating purpose from witnesses Bhupatbhai Sharadbhai and Shankarbhai which were pledged by witness Sunil Soni with witness Vinodbhai Shah. it is alleged that since witnesses were demanding back those ornaments, the accused have kidnapped Chirag Soni and Sunil Soni and have caused them the injuries by giving fist and kick blows and thereafter, taking them in the open ground of Sarangpur Cotton Mill No.2 at Gomtipur and all the accused have again given them fist and kick blows and also all the accused have caused them the injuries with the sticks and thereby injured Sunil Soni as well as Chirag Soni. It is further alleged that the father of Chirag (deceased) Bachubhai Soni was pressurized to give Rs.2,000/ - for getting those ornaments back and therefore, Bachubhai Soni pledged his golden ring with witness Narendra Shah and taking with him witness one Sanjay Soni on 7.6.2005 paid Rs.2,000/ - to the present appellant (A1). Thereupon, on enquiry about Chirag, the appellant (accused No.1) took Bachubhai and Sanjay to the clinic of Dr. Radheshyam Yadav and handed with over in a serious condition to the complainant. The deceased was brought to L.G. Hospital in an unconscious condition where he died during the treatment. With these allegations, the charge is framed and upon not pleading guilty, the accused were tried and resultantly, the present appellant is convicted as aforesaid whereas rest of the accused are acquitted.

(3.) THIS Court has been taken through the deposition of all the witnesses and the documentary evidences. The star witness Sunil Soni does not support the case of the prosecution. Likewise, Dr. Radheshyam Yadav at whose dispensary, it is said that Chirag Soni (deceased) was treated has also not supported the case of the prosecution. Sanjay Soni, who accompanied the complainant Bachubhai Soni for the purpose of making payment of Rs.2,000/ - for getting Chirag (deceased) released, has also not supported the case of the prosecution. It is worth noting that though the incident of confinement of deceased at Amraiwadi in house No.107 of Janta Nagar Society ni Chali and the open ground of Sarangpur Cotton Mill No.2, being the public place, no witness has been brought on record to substantiate the story narrated by the prosecution. There is no evidence on record to show as to who caused injuries to deceased Chirag. The case of the prosecution seems to be that Hitesh (A2) has caused two blows of stick on the back of the deceased and two of the blows of stick on the leg of the deceased. Similarly, as per allegations made by prosecution, Prem Singh alias Pappu is stated to have given two blows of stick on the back of witness Sunil and a blow with the stick on left hand as well as left leg. It is also alleged that the present appellant and one unknown person has caused injuries by kick and fist blows to the deceased and witness Sunil. However, Sunil has not supported this theory of prosecution, but has narrated a totally different story when his statement was recorded by the police which is proved in the examination of the police officer. As per the original version of witness Sunil, there was a quarrel took place between himself and Chirag (deceased) and both of them were beaten by the public of the society where the incident occurred. Even the medical certificate of witness Sunil produced at Exh.31 speaks of the beating took place at the hands of the opposite party. In any case witness Sunil though a star witness of the prosecution did not support the theory of he himself and the deceased having received the injuries at the hands of any of the accused including the present appellant (A1). here are no other witness who support the case of the prosecution about any of the accused causing any injury to the deceased and witness Sunil. There has to be a direct and substantive evidence showing the overt act on the part of the accused which is completely missing in the present case.