RAJESHBHAI SUKHLAL VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT original accused in Sessions Case No.154 of 2006 has filed this Appeal under Section 374 Cr. P.C. against the order dated 24.1.2007 of conviction and sentence rendered by the learned Sessions Judge, Vadodara.

(2.) ACCORDING to the prosecution case the present appellant original accused Galiyabhai Rangabhai Alvai, P.W.3, Gangadhar Joitaram Patil (deceased), Parshottambhai Manabhai Rohit, P.W.4 and Police Inspector Sureshkumar Joitaram Patel were associated with the Police Station at Dabhoi and were in patrolling in the night of 4th and 5th November, 2005 at about 23.15 hrs. At about 4.30 hrs. in the early morning of 5th November, 2005 PI Shri SJ Patel dropped himself from the police mobile/van for taking rest. Thereafter Police Personnel Galiabhai Alvai, Gangadhar Patil and Parsottam Manabhai Rohit proceeded in patrolling and when they were proceeding towards Tilakwada Road, Opp. Maharshi Dayanand Society, a person (accused) was noticed having possessed two bags. The police suspected something wrong and, therefore, police personnel Gangadhar Patil had been to that person and his bag was attempted to be searched by him. When the bag was started to be searched by police personnel Gangadhar Patil in presence of police personnel; the appellant accused took out "Gupti" and inflicted injuries on the chest of Gangadhar Patil and on receiving such injury he fell down on the earth. The appellant accused tried to be overpowered by Galiyabhai Rangabhai Alvai, but he could not succeed. Then the Police personnel PM Rohit, who was witnessing the entire incident, got down from the police van and made attempt to rescue Gangadhar Patil. The accused did not spare him also and he also received injuries at the hand of the accused by sharp cutting instrument. Witness Galiyabhai became all alone helpless and, therefore, he has raised alarm to invoke attention of inhabitant of society. Thereafter, the appellant accused ran way. Both the injured Gangadhar Patil and P.M. Rohit were removed to the Hospital, where Gangadhar Patil was declared as Dead. P.W.4 PM Rohit received serious injuries and, therefore, he was referred to S.S.G. Hospital at Vadodara for further medical treatment.

(3.) THEREAFTER , P.W. 3 Galiyabhai Alvai lodged FIR before the police (Exh.14) giving description of the accused as the accused escaped from the place of incident. Regular case came to be registered. The dead body of deceased Gangadhar was sent to the hospital for Post Mortem and opinion about the cause of death. Dr. Vipul Trivedi (P.W.2), has conducted the Post Mortem of the deceased. Dr. Trivedi has conducted the autopsy of dead body and arrived at the conclusion that the deceased sustained external injury which has penetrated the lungs and heart of deceased as a result of which the deceased has died. Thereafter the Post Mortem Report was submitted. The Doctor gave an opinion that the injury received by the deceased was possible by incriminating weapon like "Gupti".