STATE OF GUJARAT Vs. KANTILAL GHELABHAI PATEL

JUDGEMENT

(1.) The Registry having received the R & P of judgment and order dated 12th September. 1997 in Sessions Case No. 150 of 1995 have registered this confirmation case under Sub-sec. 1 of Sec. 366 of the Code of Criminal Procedure, 1973 ("Code" for short) for confirmation of sentence of death having found the accused appellant in Criminal Appeal No. 938 of 1997 guilty of offence punishable under Sec. 302 of the Indian Penal Code. By the said order, the learned Sessions Judge has ordered sentence of death and to be hanged by neck till his death. The accused being aggrieved has filed the above referred appeal against the said judgment and order of conviction. As both i.e. Confirmation Case No. 1/97 and Criminal Appeal No. 938/97 arise from the same judgment and order they are heard together and disposed of by this common judgment.

(2.) The facts of the prosecution case are as under : The accused had married with one Manjulaben daughter of Hirabhai Pirjabhai PW. 5. The accused belonged to village Chhater and his wife Manjulaben belonged to village Vavdi which is at a distance of about 7 Kms. from Chhatar. Both of them had a child aged about three years at the relevant time they were staying at Surat and the accused was doing the work of cutting diamonds. It is the case of the prosecution that in the evening of 12th September, 1995 the accused and his wife manjulaben left Surat informing his cousin and neighbour that they are going to attend some Katha at the place of some acquaintance. They locked their house and handed over the keys to the neighbour. Their child named Divyesh had gone with his uncle Tulsibhai and was likely to return on that night. Till the next day morning, it appears that the accused and his wife Manjulaben did not return and therefore cousin Ketan inquired near about and informed the relatives at Chhatar also. On 14th September, 1995 Mr. Mahesh PW. 3 an employee of Sunil Guest House near ST Bus Stand informed his master PW. 2 Chisandas that on opening room No. 18 he found the articles of that room in a scattered condition and on searching in the bathroom dead body of Manjulaben who had stayed in that room is lying. On receiving this information Chisandas went to room No. 18, verified the fact, accordingly informed the police at 11.20 a.m. and registered the offence against Rameshbhai Virjibhai of Mota Ankadia, Tal: Kukavav, Dist: Amreli being CR I 414/95. Investigation was commenced by Ravaliya PW. 17 which was then handed over to Bhagwanbhai Tababhai Vaja, Police Inspector, Junagadh. On Completion of the investigation, he submitted chargesheet before Judicial Magistrate, First Class, Junagadh, who in his turn committed the case to the Court of Sessions at Junagadh where it is numbered as Sessions case No. 150/95. The said chargesheet is submitted against the present accused Kantilal as in the course of investigation it was found that this Kantilal is an imposter and has stayed in the guest house with the false name of Rameshbhai.

(3.) The learned Sessions Judge framed charge against the accused under Sec. 302 of the India Penal Code to which the accused pleaded not guilty and claimed to be tried. The prosecution led necessary evidence to prove the charge against the accused. The defence has not examined any witness and the learned Sessions Judge after hearing the parties held accused guilty of an offence punishable under Sec. 302 of the Indian Penal Code and awarded capital punishment and sent the matter to this Court for confirmation under Sec. 336(1) of the Code.