DHARSHI CHAKUBHAI VAGHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present criminal appeal has been preferred by the convict appellant-original accused of Sessions Case No. 130 of 1998 challenging the judgment and order of conviction dated 30-5-2001 rendered by the learned additional Sessions Judge, Junagadh. By the said judgment the learned Additional sessions Judge sentenced the appellant-accused for life for the offence under Sec. 460 of Indian Penal Code (for short "i. P. Code" ).

(2.) THE facts of the prosecution case is that at village Makhiyada of Junagadh district there is one place named "bhutiya Bapa Temple". In the said temple one Purshottam Bapu was residing with his family and doing the work as "devotee". Prior to the date of incident Triveniben, wife of Purshottam Bapu went to Rajkot to drop her daughter Nita and at that time Purshottam Bapu was alone at the said place. During the night of 29/30-4-1998, some unknown persons have entered into Bhutiya Bapa's place with an intention to commit theft and murder and at that time Purshottam Bapa was alone and just to justify the illegal act of offence Purshottam Bapa was threatened by them and he was murdered and golden and silver ornaments and cash amount from the temple was taken away with the common intention of committing offence.

(3.) ON 30-4-1998 the complainant went to the Bank at village Makhiyana at about 1-30 p. m. and at about 2-30 p. m. when he was doing his work at that time Patel Chandubhai Madhabhai of Makhiana village came and told him that Purshottam Bapu of Bhutiya Bapa's place is being (sic.) murdered and articles are lying scattered there. On saying so Kalubhai told him to call Sarpanch. Patel chandubhai called Kantilal Devjibhai, and thereafter, they all the three went to the place of Bhutiya Bapa. There they saw that the dead body of Purshottam bapu was lying there on the cot in a room near the temple. The dead body was covered with mattress and shawl which were taken off by them and they noticed that from the nose, bleeding was there and swelling was on the neck of deceased. On seeing so they felt that somebody has murdered Bapu during night time. The lock of the room was broken down and the articles were lying scattered there. So, Kalubhai inquired from the wife of Purshottam Bapu and after knowing the facts he went to the Police station and filed complaint before junagadh Taluka Police Station.