DINESHBHAI SHIVABHAI BHOI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant came to be convicted by Sessions Court, Nadiad, for the offence of murder of Ranchhodbhai Gandabhai allegedly committed by him during the night falling between 15/6/2000 and 16/6/2000 in the outskirts of village Sojitra in field bearing survey No. 418 owned by Dipakbhai Zaverbhai Patel. The appellant was sentenced to undergo imprisonment for life and to pay fine of Rs. 2,000/ -, in default to undergo simple imprisonment for 2 months by judgment dated 25/10/2002 rendered in Sessions Case No. 23 of 2001 and hence this appeal.

(2.) THE case of the prosecution against the appellant was that the appellant was working with Dipakbhai Zaverbhai Patel, the first informant in the agriculture field. About 3 months prior to the incident, he was replaced by deceased Ranchhodbhai Gandabhai and was rendered jobless. The appellant, therefore, had a grievance or grudge against the deceased victim Ranchhodbhai Gandabhai. This grievance, he seems to have nurtured till the incident which occurred during the night falling between 15/6/2000 and 16/6/2000. To indicate this, the prosecution has adduced evidence to the effect that about fortnight before the incident, the appellant had quarreled with the deceased while the deceased was passing through the field of one Rajesh Mahashankar Dave. During the quarrel, while they were separated, he had intimidated the deceased Ranchhodbhai and had told him that - he will be taken care of - by the accused. This incident was witnessed by Bhupesh Mahashankar as well so also by Desaibhai Mangalbhai Baraiya. Thereafter, on the day of incident itself, the appellant was found to be moving with a Dhariya in his hand and was asked by Hasmukhbhai as to why he is moving with Dhariya and the appellant is said to have replied that he wants to 'inaugurate Dhariya'. After the incident, dead -body of Ranchhodbhai was found by villagers in the morning hours of 16/6/2000. Dipakbhai Zaverbhai was informed about the same by his wife Ritaben while Dipakbhai was at village Od. Dipakbhai came to Sojitra and lodged FIT with Sojitra Police Station. On basis of the FIR offence was registered and investigated. The appellant was searched for, but was not found traceable. The appellant seems to have absconded for a long time of about 6 months and came to be arrested on 3/1/2001. Few days before the arrest, it is found that the appellant had approached Rajesh Mahashankar Dave in his field during night hours. According to Rajesh Mahashankar Dave, the appellant made extra judicial confession of having committed murder of victim Ranchhodbhai Gandabhai. It also appears that the appellant was suffering from acute hunger. He was, therefore, offered food which he took even though it was not wholesome and was soaked with water. After the arrest, the appellant discovered Dhariya though nothing incriminating was found.

(3.) THE investigating agency having found sufficient material, filed charge -sheet against the appellant in the Court of Judicial Magistrate First Class, Petlad, who in turn committed the case to the Court of Sessions at Nadiad and Sessions Case No. 23 of 2001 came to be registered.