RAMESHJI @ HEGO KHODAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present criminal Appeal has been preferred by the convict appellant - accused of Special (Atrocities) Case No.104 of 2000 which is arising from the Judgment and Order dated 9.7.2001 of the Court of Special Judge, Atrocities, Mehsana.

(2.) THE present appellant - accused has been convicted by Special Court (Atrocities), Mehsana, for the offences punishable under Section 302 of Indian Penal Code (for short "I.P. Code") and sentenced to suffer imprisonment for life with fine of Rs.3000/ - i/d to undergo one year's imprisonment. However, the learned Judge has acquitted the appellant - accused from the offence punishable under Section 135 of the Bombay Police Act and Section 3(2)(5) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "Atrocities Act").

(3.) THE facts of the prosecution case is that the complainant Ramabhai Motibhai, residing at Harijanvas, Bavlu, Taluka Kadi, District Mehsana has filed complaint before Police Inspector, Bavlu Police Station, intere -alia stating therein that at about 8.00 hours in the evening when he was taking dinner, his son named, Bharat returned home with tractor and told him that Thakore Rameshji @ Hengo Khodaji has come in the village and he had stolen wheats from their compound (Vada) before 6 months and I have seen him today. On saying so he had gone out. After some time i.e. at about 8.30 p.m. Thakore Rameshji Arjanji had rushed to the house of complainant and told that Henga has stabbed his son Bharat with knife in the Danavala Street and Bharat was lying in the compound of Henga. On hearing the said incident the complainant along with his wife Ramilaben had rushed to the street where Bharat was lying on the earth and could not speak anything. His shirt was stained with blood. Below his chest there was big wound caused with knife blow and from the said blow he was profusely bleeding. Another knife blow was also found near the said first blow. Thereafter, the complainant, along with his wife and Govindbhai Bababhai, Shivabhai Mohanbhai, Jethabhai Khushalbhai, Thakore Rameshji Arjanji, Thakore Javanji Chundaji had taken injured Bharat in a Jeep to the Bhagyoday Hospital at Kadi for treatment. On examination the doctor declared that the Bharat is dead on the way. The complainant has stated before the Police that the cause of the incident is that before 6 months Thakor Rameshji @ Hengo Khodaji had stolen wheat from their compound (Vada) and ran away from the village. He came on the date of incident and on seeing him deceased Bharat had scolded him and therefore he had given blows of knife to Bharat and ran away. While taking him to the hospital, on the way, Bharat died. The said complaint was given to the Police Inspector in Bhagyoday Hospital.