PATEL DASHRATHBHAI ATMARAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant original accused in Sessions Cases No. 35 of 1989 is held guilty of offence punishable under Secs. 302 and 451 of IPC and is ordered to undergo R.I. for life and fine of Rs. 5,000/-, in default R.I. for two years under Sec. 302 of IPC. No. separate sentence is awarded under Sec. 451 of IPC. Said judgment and order is passed by the learned Sessions Judge, Mehsana on 13.6.1991. Facts which led to the prosecution of the appellant ("accused" for short) are as under:

(2.) Accused is residing in the house situated on the south of house of deceased Sitaben, wife of Manilal and mother of Pravinbhai and Kiritbhai. Kuberdas, cousin brother of Manilal is residing in his house situated on the east-north of Manilal's house across the road, leaving about 4-5 houses. Manilal and Kuberdas had sheds in their fields to either their catties and those fields are on the north-west side of the house of Manilal. By about mid-night of 18/19.11.1988, Pravinbhai, who was sleeping at the first floor of the house, heard scream of his mother. On hearing the scream, he opened the window and peeped outside, where he saw Dashrathbhai (accused) running away from the osri of his house. He came down and his brother Kiritbhai also came down. Other persons residing in the street also gathered. Sitaben was seriously injured and had died. When Pravinbhai went towards the chowk side to enquire where Dashrathbhai had gone, he saw one Ramesh, son of Kuberdas, in the chowk. However, both of them then saw Kuberdas coming from his wada in an injured bleeding condition and going towards his house. Rameshbhai, therefore, held Kuberdas, who had injuries on his face and chest, and brought him at home. On enquiry, Pravinbhai and Rameshbhai were told by Kuberdas that when he was sleeping in his wada, Dashrathbhai Atmaram Patel has caused injuries on his face and chest by a weapon like spear and has run away, Kuberdas was then removed to Kalol hospital. However, on the way to Kalol, he was found dead. In the hospital at Kalol, doctor has also declared him dead on examination. Pravinbhai, therefore, had gone to the Police Station and filed a complaint against Dashrathbhai.

(3.) On offence being registered, the same was investigated and on completion of the investigation, accused was charge-sheeted in the court of 2nd Joint J.M.F.C. Kalol, who, in his turn, committed the case of the accused to the Court of Sessions at Mehsana. The learned Sessions Judge framed charged against the accused under Secs. 302 and 451 of IPC. Accused pleaded not guilty and claimed to be tried. Prosecution led necessary evidence. Defence has also led necessary evidence. After hearing the parties, learned Sessions Judge has recorded the guilt of the accused, as referred above. This judgment and order is assailed in this appeal.