AMARJIT SHREERAM YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant-original accused in Sessions Case No. 86/1999 was charged and tried by the learned Addl. Sessions Judge, Bhavnagar, camp at Mahuva, for the offence punishable under sec. 302 of Indian Penal Code (for short 'ipc') and under section 135 of B. P. Act.

(2.) IT is the case of the prosecution that, on 20. 2. 1999, at about 9. 30pm, in Alang Shipyard, Plot No. 16, Alang-Sosiya Road, three unknown persons were passing, who were known as 'mamas' with whom present appellant was dashed, so due to the sudden provocation, accused has abused them and quarreled with them. So, colleague labourers Radhe Mangaru Dhobi and Jayram Badal had tried to solve the quarrel and they were departed by both the labourers and both have caught hold the hands of accused-appellant and came to his room. So accused has quarreled with them and told them why he was not allowed to quarrel. Then, accused-appellant entered in his room and came out with iron rod with a knowledge and intention to kill both the colleague labourers, and he assaulted and blows of iron rod were given by the present accused to both the colleagues labourers and due to the serious injuries on the vital parts of the body, both were died and hence accused has committed the offence of double murder. Then, offence was registered at Alang Police Station vide CR No. 14/1999 and investigation was put into motion and inquest panchnamas of dead body of both the deceased were drawn and clothes of deceased were recovered, panchnama of scene of offence was also drawn and formal map of place was prepared. Thereafter, accused was arrested and panchnama of physical condition of the accused was drawn and clothes were also recovered. Under the provision of sec. 27 of Evidence Act, muddamal weapon iron rod was discovered under panchnama of discovery and muddamal was sent to FSL for scientific analysis and report of FSL as well as map prepared by Circle Inspector and copy of notification were tagged with investigation papers, and later on, post mortem reports were received by I. O. and after completion of investigation, charge-sheet was filed in the Court of Learned Judicial Magistrate First Class, Mahuva. As the offence was exclusively triable by the Court of Sessions, the learned Magistrate has committed the case to the Court of Sessions at Bhavnagar.

(3.) THEREAFTER, the charge was framed and the accused pleaded not guilty to the said charge and claimed to be tried, therefore, trial was proceeded.