ASHOK KARAMSHI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-accused in Sessions Case No. 73 of 1988 has challenged the judgment and order of conviction passed by the learned Sessions Judge on 30/06/1989. The learned Sessions Judge by the said judgment and order has held appellant guilty of offences punishable under Sec. 302 of the Indian Penal Code and Sec. 135 of the Bombay Police Act and has awarded R. I. for life under Sec. 302 of the Indian Penal Code. No separate sentence is awarded for offence under Sec. 135 of the Bombay Police Act.

(2.) Facts leading to the prosecution are as under : The appellant is son of one Karamshi Sagar. The said Karamshi Sagar (now deceased) had married with one Bai Mani despite the first wife, i.e., mother of appellant being alive. The appellants are two brothers. The appellant was annoyed and enraged by this act of his father. On 20/07/1988 deceased Karamshi and his wife Maniben had gone to witness picture "Sangam" in Deluxe Talkies in the show of 2-30 p.m. to 6-00 p.m. Both had occupied chair in balcony. It is the case of the prosecution that accused had also come to witness picture on that day in that show. When he saw deceased and Bai Mani viewing the picture just after interval, he went to deceased and as he had come with a dagger, he inflicted repeated blows on Karamshi. Karamshi told him that 'Ashok (accused) leave me', however, he went on inflicting blows. Bai Mani who was sitting besides deceased ran out of cinema theatre. Thereafter, accused went away and Karamshi was taken to the hospital where he was declared dead. It is the case of the prosecution that after inflicting blows when accused was coming out of the theatre along with other visitors he was caught hold of by Constable Vinodbhai and was taken to Bedipara Police Chowky. On his reaching Bedipara Chowky, Constable in charge of that Chowky was informed about some disturbance in the Deluxe Cinema. The said Karsanbhai (Constable) informed B-Division Police Station of the same. PW 15 Chimanlal Trikamlal Sonara Police Inspector, B-Division on receipt of the information reached Deluxe Cinema from where he learned that injured is taken to hospital. He, therefore, reached hospital, where he learnt that injured had died. Before PW 15 Sonara reached the hospital, Police Head Constable on hospital duty Mr. Mastram Odhavdas had informed B- Division Police Station that Karamshi Sagar resident of Bedipara. Badvasheri, Rajkot who was injured as a result of blows with dagger (chhari) in balcony of Deluxe Cinema had died. Mr. Sonara. PW 15 then recorded the statement of Bai Mani and treating it to be a complaint send it to B-Division Police Station to treat that complaint as First Information Report and registered the offence. After completing necessary formalities he again went to Deluxe Cinema from where on completion of further formalities went to Bedipara Police Chowky where he arrested the accused who was in possession of Constable Vinodbhai. On offence being registered, necessary investigation was carried out and completed and the appellant was charge- sheeted in the Court of Judicial Magistrate, First Class, who in his turn committed the accused to the Court of Sessions.

(3.) The learned Sessions Judge framed charge Exh. 1 against the accused. The accused pleaded not guilty and prayed to be tried. The prosecution examined all necessary witnesses and proved documents to prove charges levelled against the accused. On completion of the prosecution witnesses further statement of the accused under Sec. 313 of the Cr. P. C. was recorded from where it appears that the defence of the accused is of total denial.