NATWAR SINGH BHALSINGH BHABHOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE Appellant - State of Gujarat has filed Criminal Appeal no. 784 of 2000 and the appellant - original accused has filed Criminal Appeal No. 624 of 2000. Both the appellants (the State of Gujarat as well as original accused) in above Criminal Appeals have challenged the judgment and order dated 2-6-2000 rendered in Sessions Case No. 200 of 1999 by the learned Additional Sessions Judge, panch Mahals at Godhara. In Criminal Appeal No. 624 of 2000 the state has challenged the judgment and order dated 2-6-2000 rendered in Sessions Case No. 200 of 1999. In Criminal Appeal the appellant-accused has challenged the conviction and sentence awarded by the learned Additional sessions Judge, Panch Mahals at Godhra in Sessions Case No. 200 of 1999 vide judgment and order dated 2-6-2000. Since both the appeals arise out of same judgment and order as well as documentary evidence being same, both these appeals are heard and disposed of by this common judgment.

(2.) THE facts of the prosecution case is that the complainant Parshottam Chhaganbhai is residing in Divda Colony, at Kathana. The accused are also residing in Divda colony. The complainant is serving as dresser in the dispensary of P. W. D. It is the case of the prosecution that at about 4. 00 p. m. on 26-4-1999 his grand daughter radhika climbed on the terrace of his house for taking "goras Ambli". Thereupon kalubhai Bhabhor told the grand daughter of complainant as to why has climbed on the terrace and thereby he has given a threat and on saying so the girl all of a sudden jumped from the terrace and fell down on the earth. Thereupon some hot discussion took place between the complainant and kalubhai. Kalubhai got excited and climbed on the terrace and from there he threw piece of wooden log at the complainant. Thereafter he stepped down and gave push to the complainant. Thereafter, at about 7. 00 p. m. Ashwin, son of the complainant, came and asked Kalubhai as to why he threw wooden piece at his father and some hot discussion took place between them. On 27-4-1999 at about 10. 00 a. m. when his son Ashwin was going towards Bazar, Natvarbhai, Kalubhai and Rajesh were quarrelling with Ashwin. The complainant thereupon went to his son, but, before he reached to his son, Natvarbhai inflicted the blows of knife on right side of stomach, on the neck and on the back side of the body of Ashwin. Both Kalubhai and rajesh caught hold of his son. When the complainant tried to intervene and save his son Natubhai inflicted the blow of knife on the chest of the complainant. Thereupon the complainant shouted and on hearing his shouts Prabhatsinh Nathubhai, Taraben wife of complainant and son Yogesh came there. Thereafter, the accused ran away. Thereafter, they had gone to the Police Station, but as the complainant and deceased were seriously injured, P. S. I, asked them to go to the Hospital and so complainant and ashwin were shifted to the hospital and there they have lodged the complaint. P. S. I, also went to the hospital and registered the complaint being Santrampur Police Station CR no. 1-54 of 1999. The investigation was carried out by P. S. I. Santrampur Police Station. P. S. I, also sent the Yadi to the Executive magistrate requesting him to record the dying Declaration of Ashwinbhai. Thereafter, the Executive magistrate came and recorded the dying declaration of Ashwinbhai. The Police has registered the offence punishable under Sections 307, 323, 504, 506 (2), 114, IPC. Thereafter, injured Ashwin, son of the complainant was shifted to lunavada Hospital where on the way, he expired and therefore offence punishable under Section 302 of I. P. Code was added by the Police. The Investigating Officer prepared the Inquest Panchnama i. e. panchnama of dead body of deceased and the panchnama of scene of offence. The accused were arrested and the Muddamal was seized. Post Mortem Note was prepared by the Medical Officer. The Medical Certificate and the Post Mortem Note, showing the cause of death, were obtained from the Medical Officer. During the investigation, the Investigating Officer had recorded the statement of witnesses and map of scene of offence was also prepared. On completion of investigation, incriminating evidence was found against the accused and, therefore, the Police filed charge-sheet against the accused in the Court of learned Magistrate.

(3.) AFTER filing the charge-sheet, in the present case, as the offence was exclusively triable by the Court of Session, the learned judicial Magistrate First Class, committed the said case to the Court of Session at surat.