AMBABHAI PANCHABHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been filed by the present appellant-original accused, who has been convicted by the learned Addl. Sessions Judge, 3rd Fast Track Court, Surendranagar, vide judgment and order dated 19-12-2006 passed in Sessions Case No. 30 of 2005 for the offence punishable under Sec. 307 of IPC. The appellant was sentenced to suffer RI for 7 years with fine of Rs. 15,000/-, in default, to suffer further one year SI. The accused was given set off for the period already undergone in jail.

(2.) IT is the case of the prosecution that a complaint was filed by the complainant, Thakarsibhai Mithabhai, a resident of Chiroda Village, Taluka Chotila, Dist. Surendranagar, inter alia alleging that they are four brothers and four sisters and he is the eldest one while Akabhai is his younger brother. It is further alleged that on 13-11-2004 at about 9. 30 a. m. son of a relative of the complainant Jivabhai Gagjibhai named Bharat came running and told the complainant that accused Ambabhai Panchabhai caused injury with dharia on the head of his brother Akabhai. On receiving the said information, the complainant, his wife and other relatives went to the place of offence where they found his brother lying unconscious on the lane in a pool of blood. He was immediately rushed to the Primary Health Centre, Chotila where he was given primary treatment. Thereafter, he was shifted to Government Hospital at Rajkot and complaint was lodged by the complainant before the Police Sub Inspector, Pratapnagar Police Station, Rajkot, and offence was registered. As the offence took place within the jurisdiction of Chotila Police Station, the complaint was sent there and it was registered for the offence punishable under Sec. 307 of IPC and investigation was entrusted to PSI, Mr. Chauhan. During the course of investigation, he recorded statements of various witnesses, drew panchnama of scene of offence, took muddamal blood-stained sand and attached under a panchnama, recovered bloodstained clothes worn by the injured by drawing panchnama, sent muddamal to FSL for analysis, accused were arrested and muddamal dharia was also recovered by drawing panchnama under Sec. 27 of the Indian Evidence Act and at the end of investigation, charge sheet was filed against the accused before the learned J. M. F. C. , Chotila, for the offence punishable under Sec. 307 of IPC. As the learned J. M. F. C. , Chotila, has no jurisdiction to try the case, he committed it to the Court of Sessions at Rajkot where it was numbered as Sessions Case No. 30 of 2005 and allotted to learned Addl. Sessions Judge, Fast Track Court No. 2, Rajkot, for trial. The learned Judge framed charge which was read over and explained to the accused. The accused denied the said charge and claimed to be tried.

(3.) TO prove the case, the prosecution examined 16 witnesses in all including the complainant-Thakarsibhai Mithabhai at Ex. 11; panchas, injured Akabhai Mithabhai at Ex. 24, eye witness Bharatbhai Jivabhai at Ex. 25; Dr. Mahapati Siyaramray at Ex. 28; Dr. Mukeshbhai Jethalal Upadhyay at Ex. 31; PSI, Manjibhai Malabhai Chauhan at Ex. 33; Dr. Prakaschandra Gokaldas Modha at Ex. 34, etc. The prosecution also produced and placed reliance upon various documentary evidences such as complaint at Ex. 12, panchnama of scene of offence at Ex. 15, panchnama of recovery of clothes of injured at Ex. 17, discovery panchnama of weapon at Ex. 22, Medical Certificate of Akabhai issued by Chotila Hospital at Ex. 29, Medical Certificate of Akabhai issued by Rajkot Hospital at Ex. 32, Medical certificate of Akabhai issued by Dr. Modha at Ex. 35, etc.