THAKOR BAKAJI ISHWARJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT appeal has been preferred by the appellant-original accused, who has been convicted and sentenced to suffer imprisonment for life and to pay fine of Rs. 500/-, in default, to suffer SI for 15 days for the charge under Sec. 302 of IPC by the learned Addl. City Sessions Judge, Fast Track Court, Mehsana, vide judgment and order dated 29th November, 2002 passed in Sessions Case No. 26 of 2002.

(2.) THE short facts of the prosecution case are that on 4-10-2001 when the complainant Manuji Gambhirji, Nathaji Khumaji and Bhavanji Nagji were in their respective field waiting for their turn to fetch water from the bore of Darbar, at about 4. 00 a. m. they heard the shouts of Pahadji from his field for help and, therefore, they got up and rushed towards Pahadji's field. When they were about 30-35 feet away from the place of incident, they saw the accused Bakaji Ishwarji giving dharia blows on the head and neck of the deceased as a result of that, deceased fell down there and before the complainant and other witnesses reached the scene of offence, accused was able to escape from the scene towards south direction along with dharia. When they reached very near to the victim Pahadji, they found that he succumbed to the injuries. Therefore, the complainant Manuji remained there and Bhavanji Nagji went to Village and informed the relatives of deceased and therefore, all came there and they again confirmed that the injured succumbed to the injuries and, therefore, police was informed accordingly. Police in turn came to the scene of offence and recorded the complaint of Manuji Gambhirji and sent the same along with report to Visnagar Police Station for registration of offence. On receiving the same, PSO of Visnagar Police Station registered the offence as Visnagar Police Station I. C. R. No. 358 of 2001 under Section 302 of IPC and Section 135 of B. P. Act and handed over investigation to PSI. Thereafter, he sent yadi to Executive Magistrate, Visnagar, for inquest panchnama and also called two panchas for the same and on arrival of Executive Magistrate, inquest panchnama was prepared in presence of panchas. Thereafter, he filled up Marnottar form and sent the same along with inquest panchnama and yadi to Visnagar Police Station for performing post mortem on the dead body of deceased. He also drew panchnama of scene of offence in presence of two panchas and also seized muddamal as averred in the panchnama. As the offence alleged was punishable under Sec. 302 of IPC, PSO handed over investigation with its file to PI, Visnagar, Shri Parmar and he recorded statements of various witnesses including Bhavanji. He also made a search for the accused and on 25-10-2001 at about 1500 hours, the accused was arrested. The clothes worn by the accused at the time of his arrest were seized and as he showed willingness to produce the muddamal dharia alleged to have been used in the commission of offence, he called two panchas and attached the same as averred under 27 panchnama and he was sent to judicial custody. He also made arrangements to send muddamal to FSL and on receiving FSL and post mortem reports, same were kept with the investigation file. At the end of investigation, charge sheet was submitted in the Court of learned J. M. F. C. , Visnagar.

(3.) AS the offence alleged against the accused was exclusively triable by Court of Sessions, learned J. M. F. C. , Visnagar, committed the case to the Sessions Court at Mehsana where the case has been numbered as Sessions Case No. 26 of 2002 and handed over to learned Addl. Sessions Judge, Mehsana, for disposal on merits.