VIJAYKUMAR RASIKLAL PATHAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeals are filed by the appellants-accused against conviction and sentence as recorded by learned Sessions Judge, Surat, by his judgement and order dated 10. 2. 2006 in Sessions Case No. 78/2000.

(2.) BRIEFLY stated, the facts of the case as recorded by the learned Sessions Judge, Surat, are that heinous crime is to the extent that one Bipinchandra J. Patel residing at Bhagunagar Society, Bhesan Road, Rander, Surat, resides with his wife Nitaben and two children. He was serving with Swami Atmanand Saraswati Ayurvedic Sahakari firm at Varachha Road, Surat. His eldest son Chintan aged 9 years and a daughter aged about 5 years reside with them. Bipinchandra used to proceed on duty early in the morning at about 7. 30 a. m. and used to return by evening at about 6. 00 p. m. His wife Nitaben Satbhaya was a Corporator in Surat Municipal Corporation. She was a Chairperson of Law Committee. She was also President of Mahila Morcha - BJP. Everyday she used to attend Corporation at about 4. 00 p. m. And used to return by 6. 00 to 7. 00 p. m. During noon, she used to remain at home. Number of people used to attend her for social work. It is further case of the complainant Bipinchandra Patel that, on 19. 12. 1998 at about 7. 30 a. m. , he proceeded on his duty, his wife and children were at home. At about 4. 00 to 4. 15 p. m. , he got message from Vijaybhai Jagdishbhai Patel. Bipinchandra was informed about emergency and was requested to rush to his house. Immediately he left his office and proceeded to his house. Number of people gathered near his house. He went into the house and found his wife Nitaben in a pond of blood. She was murdered. There were incise wound on her cheek and throat. Profuse bleeding resulted into her death. He was unable to control himself. People took him to downstairs. It is further case of Bipinchandra that, his daughter Binny told him that she and her mummy Nitaben Satbhaya were at residence, at that time, three unknown persons having white uniform had come. They caught hold of Nitaben and cut her throat by knife. She was frightened. She was also throttled but fortunately she survived. It is further case of the complainant that his daughter Binny shouted and requested one Kokiben. Kokiben came to the house. Meanwhile, thousands of people gathered on the scene of offence. Bipinchandra lodged a complaint before the Deputy Commissioner, Surat. Offence was registered. Investigation was entrusted to Shri Bhimsing Sursing Vasawa, Dy. Commissioner "sg" Division, Surat. He was present on the spot. Inquest panchnama in presence of panchas was reduced into writing. The FSL authority and dog squad were invited on the spot. Blood samples from different parts of the house were collected. Panchnama of the scene of offence was reduced into writing on the same day. Dead body was sent to civil hospital for post-mortem. The clothes found on the dead body was produced by police constable and the clothes were seized. Further investigation was entrusted to DCB Police Station, Surat, as per direction given by the Commissioner of Police, Surat.

(3.) ON the aforesaid facts, investigation was conducted in the manner as recorded by learned Sessions Judge, Surat, in paragraph Nos. 3 and 4 of the judgement as under: