NATHABHAI BACHUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of a judgment and order rendered by Sessions Court, Jamnagar in Sessions Case No. 37 of 1996 rendered on 27. 9. 2000. The appellants came to be tried by the Sessions Court for murder of Bhupat Nanji and causing hurt to Bharat Nanji on 23. 10. 1995, at about 8. 30 a. m. , near Nageshwar Bhavani Mata Temple at Jamnagar. As per the prosecution case, appellant No. 2 Ramjibhai Bachubhai assaulted Bharat Nanji and caused hurt to him on his back with a knife. At that time, his brother Bhupat Nanji came to his rescue, who was assaulted upon by the appellants, where appellants No. 1 and 3 are alleged to have caught hold of deceased Bhupat and appellant No. 2 is alleged to have inflicted three knife blows, one on chest and two in abdomen to deceased Bhupat, as a result of which Bhupat ultimately died. It is further the case of the prosecution that the incident occurred because of some monitory transaction between the wife of accused No. 1 and first informant, and because of the appellants having some grievance against the victim and the first informant, regarding suicide of Gita, daughter of appellant No. 1, which she committed on the previous day of incident. The incident occurred while the dead-body of Gita was lying in the house. She was yet to be cremated, and relatives and acquaintances had assembled outside the house of accused No. 1, about 150 to 200 in number. After the incident, as per the prosecution case, both the first informant and the deceased were taken to hospital by Chothiben and Radhaben in auto-rickshaw of Sajid. At the hospital, first informant Bharat was given treatment and the deceased was also admitted and then declared dead by the hospital authorities. The constable stationed at the hospital sent information to the B-Divisoin police station, Jamnagar, on basis of which an entry was made in the police station register. Police came to the spot and FIR of Bharat was recorded, on basis of which offence was registered and investigated. The police having found sufficient material to connect the appellants with the offence, filed chargesheet in the Court of learned Chief Judicial Magistrate, Jamnagar. Learned CJM, in turn committed the case to the Court of Sessions, as the offence with which the appellants were charged, were triable by the Court of Sessions, Sessions Case No. 37 of 1996 came to be registered.

(2.) CHARGE was framed against the appellants at Exh. 3 for offences punishable under Sections 302, 324, 504, read with Section 34 of Indian Penal Code ('ipc', for short) and Section 135 of Bombay Police Act. All the three accused pleaded not guilty to the charge and claimed to be tried.

(3.) THE Sessions Court, after considering the evidence led by the prosecution, came to conclusion that the prosecution was successful in establishing charges against the accused persons - appellants and convicted them for offences punishable under Section 302 read with Section 34 of the IPC, Section 324 read with Section 34 of IPC and Section 504 read with Section 34 of IPC and sentenced them for the offences as under; offences sentences u/s. 302 r/w. Sec. 34 of IPC r. I for life and fine of Rs. 500/-, in default S. I for 15 days. U/s. 324 r/w. Sec. 34 of IPC r. I for one year and fine of Rs. 100/-, in default S. I for 7 days. U/s. 504 r/w. Sec. 34 of IPC s. I for 6 months and fine of Rs. 100/-, in default S. I for 7 days.