BHANUBHAI SHANABHAI ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Appeal is directed against the judgment and order dated 05. 02. 1999 passed by the learned Addl. Sessions Judge, Kheda at Nadiad in Sessions Case No. 142 of 1998 whereby, the appellant, original accused, was convicted for the offences punishable u/s. 498-A and 302 of the Indian Penal Code [for short, "the IPC"]. For conviction u/s. 498-A IPC, the appellant was sentenced to undergo rigorous imprisonment for three years with fine of Rs. 5000/- and in default of payment of fine, simple imprisonment for a further period of six months; while for conviction u/s. 302 IPC, the appellant was sentenced to undergo rigorous imprisonment for life with fine of Rs. 5000/- and in default of payment of fine, simple imprisonment for a further period of two years. Both the sentences were ordered to run concurrently.

(2.) THE facts in brief, as emerging from the record, are as under;

(3.) IN order to prove the guilt of the appellant, original accused, the prosecution has examined in all eleven witnesses, namely, PW - 1 Pramod Hajarilal Jain at Exhibit - 10 is the Executive Magistrate who recorded the dying declaration of the victim, PW - 2 Dr. Yogendra Dashratlal Shah at Exhibit - 13 is the Doctor in whose Hospital the victim was given treatment for the period from 06. 03. 1998 - 08. 03. 1998, PW - 3 Bhikhaji Mangaji at Exhibit - 19 is the father of the victim as also the complainant in this case, PW - 4 Ghanshyambhai Tribhovanbhai Pandya at Exhibit - 22 is the P. S. I. of Odhav Police Station who had noted down the complaint on 08. 03. 1998, PW - 5 Rajeshkumar Bhikhabhai Zala at Exhibit - 24 is a 'panch' witness who has been declared 'hostile' by the Court below, PW - 6 Ranjitsinh Virsinh Gohel at Exhibit - 28 is the Executive Magistrate who performed the inquest 'panchnama', PW - 7 Dr. Manish Tulsidas Kapadia at Exhibit - 32 is the Medical Officer who performed the Post-mortem of the deceased, PW - 8 Dr. Dharmila Gunwantbhai Shah at Exhibit - 34 is the Medical Officer who was In-charge R. M. O. at L. G. Hospital, PW - 9 Harendrasinh Kiritbhai Rana at Exhibit - 36 is the Investigating Officer, PW - 10 Chatrasinh Mathurbhai at Exhibit - 41 is the P. S. O. of Kathlal Police Station and PW - 11 Dr. Madhu Vitthaldas at Exhibit - 43 is the Medical Officer of L. G. Hospital who had also given necessary treatment to the victim at the relevant point of time.