STATE OF GUJARAT Vs. KARAMSHIBHAI PUNABHAI PATEL

JUDGEMENT

(1.) CRIMINAL Appeal No. 206 of 1999 has been preferred by the appellant State of Gujarat, under Section 378 of the Code of Criminal Procedure, challenging the Judgment and order dated 11. 01. 1990, passed by the learned Additional City Sessions Judge, Court No. 20, Ahmedabad, in Sessions Case No. 115 of 1988, whereby the learned Judge has acquitted the respondent accused from the offences punishable under Section 302 and 307 of I. P. Code.

(2.) THE facts of the prosecution case are that the deceased had married with Pushpaben, daughter of Karamshi (accused) at Vadodara, as per Arya Samaj. The accused was not happy with the said marriage of his daughter with the deceased. It is alleged that on 31. 12. 1987 at about 8. 30 P. M. , after taking dinner Mahesh, brother of deceased had gone near Bapunagar Char Rasta for a walk. At that time his brother Vijay (deceased) had followed him near Pankaj Tea Stall at Bapunagar Char Rasta. Opposite to said Pankaj Tea Stall Karamsinhbhai (accused), the father in law of deceased was sitting there and on seeing Vijay he all of a sudden ran with knife towards the victim and inflicted a blow of knife. Thereafter Mahesh, brother of victim Vijay, has caught hold of the accused. Vijay ran towards his house and thereafter the accused had gone to his house. Thereupon, on 1. 1. 1988 complaint was filed at Bapunagar Police Station and offence was registered against the accused. Investigation was carried out by P. S. I. Natvarlal Rathod. He has also recorded the dying declaration of the victim. Panchnama was drawn and statement of eye witnesses were recorded. Thereafter, victim Vijay was taken to Shardaben Hospital where he was admitted as an in-door patient and thereafter after some days he was discharged from the hospital. Thereafter, due to abdominal pain he was again admitted in the hospital on 13. 2. 1988 and after examination it was found that he was suffering from jaundice and on 24. 2. 1988 due to said illness he has expired. Therefore, the police added Section 302 of I. P. Code. Thereafter, after completion of investigation the police filed charge-sheet against the accused before the Court of learned Chief Metropolitan Magistrate. As the offence was execlusively triable by a Court of Sessions, the learned Chief Metropolitan Magistrate has committed the case to the Court of Sessions, where it was numbered as Sessions Case No. 115 of 1988.

(3.) AFTER appreciating the documentary as well as oral evidence the learned Additional City Sessions Judge, Court No. 20, Ahmedabad, has vide Judgment and order dated 11. 1. 1990, held the accused guilty for the offence punishable under Section 326 of I. P. Code and sentenced him to suffer RI for two years with fine of Rs. 500/- i/d to suffer RI for three months.