BABUBHAI BABABHAI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the Judgement and the order passed by the learned Special Judge in Special Case No.40/2001, whereby the accused -appellant has been convicted for the offences under Section 302 of the IPC and for the offences under Section 3(1) (10) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989, and also for the offence under Section 135 of the Bombay Police Act and the sentence has been imposed upon the accused for life imprisonment with the fine of Rs.1,000/ -, for the imprisonment for 5 years with the fine of Rs.500/ - and for one year imprisonment with the fine of Rs.200/ - respectively for the concerned offences.

(2.) As per the prosecution case, on 05.01.2000, when there was Navratri Festival, the complainant had gone to the temple of Bhavani Mata for offering Naivediya and at that time, they had also gone for observing Garba with his uncle's son Kamleshbhai at Khodiyar temple. There was lot of rush and one Thakor Babubhai Bababhai had started giving abuse of caste to the complainant and other persons and were asked to go away. At that time, there was scuffle between the complainant and the said person Babubhai Bababhai Thakor. Since there was quarrel, the uncle of the complainant Kalubhai @ Ratilal Atmaram came and separated both the persons and therefore, Babubhai Bababhai Thakor, the accused -appellant had gone away. Thereafter, when the complainant and his uncle Kalubhai @ Ratilal with one Kamlesh were returning to their residence, at about 11.00 O' Clock, near Thakorvas, the accused -appellant came forward and by abusing for caste, told to the uncle of the complainant Kalubhai, as to why he intervened and thereafter, the accused -appellant gave knife blow to Kalubhai on the left side and the complainant pulled his uncle. Thereafter, the accused -appellant ran away with knife. The uncle of the complainant Kalubhai thereafter, since had sustained injuries, was carried to the hospital and was reported dead. The complainant went to the Sanand Police Station and file the complaint vide C.R. No.276/00 of Sanand Police Station.

(3.) The police investigated into the complaint and filed the charge -sheet against the appellant -accused for the offences under Section 302 of IPC, for the offences under 3(1)(10) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989, and also for the offence under Section 135 of the Bombay Police Act. The prosecution in support of the charge to prove the guilt against the accused, examined the following witnesses: