POHLA SHOBHAN RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) An incident occurred at about 10.00 A.M. on 14th May, 1991 at Amsota village of erstwhile Chotaudepur taluka of Baroda district, wherein a young boy about 2 to 3 years old, named Dinesh alias Dinio, was done to death, allegedly by present appellant-Pohla shobhan Rathva by giving Dharia blows.

(2.) The facts, in nutshell, are that, accused appellant-Pohla's father Shobhan and complainant Thathia are brothers. They were having some disputes about partition of land. Complainant-Thathia has four sons and four daughters, the eldest is Hirabhai alias Hiro and the youngest was Dinesh alias Dinio or Dinia. The house of the complainant is located in the outskirts, but is surrounded by 4-5 houses nearby. On the day of the incident, as per the prosecution case, Thathia had gone to call on his mother, who was sick. The rest of the family members were at home. Around 10.00 A.M. accused-Pohla came there. He was having a Dharia with him. He demanded tobacco form Hirabhai, the eldest son of complainant-Thathia. He started smoking a beedi. Then Hirabhai told him to go to his place. Suddenly, accused Pohla pounced on Hirabhai. Hirabhai, therefore, started running and escaped from him, he ran for quite a distance, jumped a hedge and halted. Pohla, therefore, returned to the house of the complainant-Thathia and assaulted Dinesh alias Dinia, who was playing there. He gave the deceased Dharia blows on head and shoulder and other parts of the body which, ultimately, resulted into death of Dinesh. Then accused went away. Mother of the deceased and wife of complainant Dhankiben, therefore, immediately rushed to her husband weeping. She told the complainant the whole story. The complainant, therefore, came to his home, saw Dinesh lying dead over there and he, therefore, went to Kawant Police Station and lodged the information. The police recorded the information and registered the crime at C.R.I No. 109/91. The police started investigation, came to the spot, prepared Panchnamas, recorded statements and, ultimately, having found sufficient evidence against the accused, filed charge sheet. The matter came to be tried by learned Additional Sessions Judge, Baroda, Camping at Chotaudepur. The accused pleaded not guilty to the charge against him and expressed his desire to face the trial. Evidence was recorded and, after considering the evidence on record, the learned Additional Sessions Judge came to the conclusion that the prosecution was able to prove the guilt of the accused and convicted the accused for an offence of murder and sentenced him for life imprisonment and imposed a fine of Rs. 500/-, and directed him to undergo further rigorous imprisonment for two months in case of default in payment of fine.

(3.) Being aggrieved by the said judgment and order dated 20th November, 1991 in Sessions Case No. 46 of 1991 the original accused has preferred this appeal.