ISHWARBHAI RANCHHODBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal challenges the judgment and order of learned Additional Sessions Judge, Mehsana, passed by him on 6th June, 1992, in Sessions Case No. 159 of 1990. The present appellants were charged to have committed murder of one Mahendra alias Maheshbhai Jayantibhai Patel of Viramgam. The learned Additional Sessions Judge, after considering the evidence on record, passed the impugned judgment and order convicting the accused persons for the said offence. Being aggrieved by the said judgment and order, the original accused persons have preferred this appeal.

(2.) Facts 2.1. A dead body was noticed on 24th May, 1990 by Dalabhai Lavjibhai in the outskirts of village Karoda under a bridge. He, therefore, informed the Sarpanch of Karoda Gram Panchayat, Somaji Pratapji Thakore. He visited the place, saw the dead body and, ultimately, lodged a First Information Report with the police. The dead body was not identified by any person then. The police, therefore, took some photographs of the dead body and drew inquest Panchnama besides the Panchnama of the place of offence. Two photographs of the deceased himself and two photographs of deity were recovered from the pocket of the dead body. One of the photographs carried rubber stamp impression and letters "VIR" were noticeable. The Investigating Officer, therefore, had assumed that the deceased may be belonging to Viramgam town and started investigation in that township. On the rear side of the other photographs, there was a writing "Ishwar R.". That also was investigated upon by the police. Since the dead body was not identified and it could not have been preserved for long, the Investigating Officer handed it over to the Sarpanch of the village Panchayat for performance of obsequial ceremony. During the course of investigation at Viramgam, it was found that the photograph was of Mahendra alias Mahesh Jayantibhai Patel, who was engaged in hosiery business, was'aged about 30 years, was married and had two daughters. It was unearthed during the course of investigation that deceased Mahendra had an affair with Pushpa, daughter of Govindbhai alias Babubhai Manjibhai, who is appellant No. 2 herein. It was gathered that Govindbhai had brought his daughter to Viramgam to pursue higher education after she passed examination of 10th standard and they were staying near the house of deceased- Mahendra. Somehow, deceased Mahendra and Pushpa got entangled with each other emotionally, which was not liked and approved by accused No. 2. Ultimately, according to the prosecution, all three accused persons collectively decided to do away with deceased Mahendra. They, therefore, took him with them on a tour to Nasik, etc. and, thereafter, he was not to be seen till his dead body came to be found by Dalabhai Lavjibhai. 2.2. After considering the evidence adduced by the prosecution, the learned Trial Judge came to a conclusion that, although there is no direct evidence to connect the accused persons with murder of Mahendra, the circumstantial evidence establishes an unbroken chain of circumstances to connect the accused persons with the murder of deceased Mahendra and, ultimately, convicted the accused persons for murder of deceased Mahendra under Sec. 302 read with Sec. 34 of Indian Penal Code, so also under Sec. 120-B of Indian Penal Code and sentenced all of them to undergo life imprisonment, which has given rise to this appeal.

(3.) We have heard Mr. Asim Pandya and Mr. V.H. Patel for the appellants and Mr. A.J. Desai, learned Additional Public Prosecutor for the respondent-State. We have been taken through the relevant portion of the evidence on record by both the sides.