VIKRAMBHAI MULCHANDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant-original accused has filed this appeal against the judgment and order dated 30/11/1990, passed by the Additional Sessions Judge, Ahmedabad Rural at Mirzapur in Sessions Case No. 61 of 1990, whereby the appellant is held guilty under Secs. 302 and 323 of the Indian Penal Code and is awarded R. I., for life and R.I., for three months and fine of Rs. 200, in default simple imprisonment for a month respectively. The learned Addl. Sessions Judge, further ordered the substantive sentence to run concurrently.

(2.) Facts which led to the prosecution of the appellant (hereinafter referred to as the 'accused') are as under : On Makarsankranti Day of 1990 i.e., 14/01/1990 in the evening about 5-15 p.m., Mahesh Sitaram, P.W. 1, son of the deceased caught a kite from near his house. The house is situated in Block No. 485 of Gujarat Housing Board in Chandkheda. Opposite to the house of P.W. 1, there is a house of accused. Accused also claimed to have caught that very kite. This has resulted into a quarrel between the two. Accused gave two slaps to P.W. 1, who, therefore, shouted and on hearing the shouts, his mother, now deceased, came out of the house and told the accused that do not discuss with the child and told him to hand over the kite to P.W. 1. The accused, therefore, spoke irrelevant to the deceased and got annoyed and went to his house. He then came with a stick and inflicted blow thereof on her shoulder. P.W. 1 and his mother, therefore, raised shouts and P.W. 11, 12 and others came running there. As accused had given a blow of stick on the shoulder of the deceased, the deceased went in her house and brought an iron pipe and strike it on the head of the accused. Accused was, therefore, further annoyed and went to his house and came with an open gupti and gave a blow to the deceased. Deceased, however, moved and escaped the same and therefore, the accused gave another blow on the right side of chest as a result of which she raised shouts and fell down. As persons intervened, accused ran away with gupti. The mother of P.W. 1 was bleeding. Then P.W. 1 went to call his father and being informed of the quarrel, deceased was taken to Ahmedabad Civil Hospital in a rickshaw where she was declared dead by the doctors. Police Sub-Inspector Naginbhai, P.W. 13, was at village Koba who received wireless message from Adalaj Police Station by about 19-00 hours on that day (i.e., 1 4/01/1990) that there was a scuffle in Sudarshannagar, Chandkheda wherein one Ruxmaniben Sitaram has died in Ahmedabad Civil Hospital. He, therefore, went to Sudarshannagar and recorded the complaint of Mahesh Sitaram, P.W. 1, after taking him to Chandkheda police chowky and the same was sent to the Adalaj Police Station to register the offence.

(3.) On offence being registered, P.W. 13 started investigation and on completion of the same submitted charge-sheet against the accused in the Court of Judicial Magistrate, First Class at Gandhinagar, who in his turn committed the case to the Court of Sessions of Ahmedabad Rural at Mirzapur. The learned Additional Sessions Judge framed charge against the accused to which accused pleaded not guilty and claimed to be tried. Additional Public Prosecutor then led necessary evidence to prove the charge levelled against the accused. On completion of the same, further statement of accused was recorded wherein his defence appeared to be of self-defence. Accused has not led any evidence in defence. The learned Addl. Sessions Judge, after hearing the learned A.P.P., and the defence Advocate held the accused guilty of the offence charged against him and awarded sentence as referred to hereinabove. This judgment and order of conviction is under challenge in this appeal.