PARMAR NADODA GAMBHIRSINH BABUSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved by and dissatisfied with the impugned judgment and order rendered by learned Additional Sessions Judge, Fast Track Court, Patan on 8-2-2003 in Sessions Case No. 412 of 2002 (Sessions Case Old No. 63 of 2001) the appellant who was original accused in the aforesaid case preferred this appeal. The learned trial Judge by judgment and order dated 8-2-2003 recorded the conviction of the appellant for the offences punishable under Secs. 302 and 397 Indian Penal Code ('I.P.C.', for short) and the appellant was awarded the sentence of life imprisonment and fine of Rs. 1000/- and in default of payment of fine, S.I for six months for the offence punishable under Sec. 302 l.P.C. and R.I. for three years and fine of Rs. 1000/- and in default of payment of fine, S.I for six months for the offence punishable under Sec. 397 I.P.C. Both the sentences were ordered to run concurrently,

(2.) The prosecution case as unfolded during the course of trial is that the deceased- Maktambhai Ranchhodhhai Bharwad was resident of village Sankeshwar, District Patan. He was doing labour work during night hours and during day time, he was selling milk. He was residing in joint family along with his parents and brothers, including his brother Rughnathbhai Ranchhodbhai, the first informant. At about 8 p.m. on 14-12-2000, he left the house for the purpose of doing labour work in Padmavati Dharamshala. As per usual routine the deceased was to return to home at about 5 a.m. on every morning, but on 15-12-2000, he did not return to home as per his daily schedule. His brother first informant Rughnath made inquiries to Padmavati Dharamshala and was informed that the deceased had not come to Padamavati Dharamshala even on previous night. He continued inquiry about the deceased, but failed in this attempt. However, he was informed that on Sankeshwar to Viramgam road, near Ganga Talawadi, one Jituji Narubhai Zala (P.W. 12) had heard the noise of screaming during night hours, and on road he found one Tata Sumo car, white in color, bearing registration No. GJ-1-AP-4029 being parked and when Jituji reached near the car, the car left the place. First informant Rughnath and his friends and relatives carried extensive search of the deceased near Ganga Talawadi, and approximately 200 ft. away from Ganga Talawadi, the dead body of the deceased was found in a pool of dried blood. Rughnath noticed that golden earrings from the body of the deceased were missing and both the ear lobes were cut. One silver waistband was also missing. However, some of the silver ornaments were found there on the dead body. First informant Rughnath reported the incident to Sami Police Station and his F.I.R. was registered. During the course of investigation, statements of material witnesses were recorded. Appellant came to be arrested. At the instance of the appellant muddamal earrings with blood-stain came to be recovered from his house. His blood-stained clothes came to be seized. Tata Sumo car was inspected by F.S.L. experts. One screw driver having its edge damaged with bloodstain came to be recovered from the car. It further transpires that when P.S.I. Mr. G. L, Gol (P.W. 19) was coming from Ahmedabad to Sami police station along with appellant, the appellant escaped during their brief halt at Viramgam. However, again the appellant came to be apprehended. During the course of investigation, it was revealed that the vehicle Tata Sumo belonged to P.W. 17-Bhavanbhai Manubhai Parmar and said Bhavanbhai was plying his vehicle as passenger taxi by employing the appellant as his driver. It further reveals that since the appellant was plying the taxi of P.W. 17-Bhavanbhai in Sankeshwar and surrounding villages, deceased was known to him and with a view to commit robbery, deceased was done to death by him. After collecting required material for the purpose of lodgment of charge-sheet, charge-sheet came to be filed in the Court of learned J.M.F.C., Harij-Sami. Since, the offence was exclusively triable by the Court of Sessions, learned J.M.F.C. committed the case to the Court of Sessions at Patan, which was numbered as Sessions Case No. 412 of 2002 (Sessions Case Old No. 63 of 2001).

(3.) Learned trial Judge framed charge against the appellant at Exh. 7 for the offences punishable under Secs. 302 and 397 I.P.C., to which he did not plead guilty and claimed to be tried. Thereupon, the prosecution adduced its oral and documentary evidence. The prosecution examined 20 witnesses and produced necessary documentary evidence. After she prosecution concluded its oral evidence, learned trial Judge recorded further statement of the appellant under Sec. 313 Cr.P.C. The appellant in his further statement denied generally ah the incriminating circumstances put to him by the trial Court and stated that he was falsely implicated in this case by his brother and brother's wife and that he is innocent.