KARADIA HARIBHAI SIDIBHAI BARAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the Judgement and Order passed by the learned Special Judge (Atrocity) and Additional Sessions judge, Veraval in Special Atrocity Sessions Case No. 16 of 2000, whereby the appellant-accused has been convicted for the offence under Sec. 302 of i. P. C. read with Sec. 135 of the Bombay Police Act and the sentence has been imposed upon the appellant-accused for the life imprisonment with the fine of Rs. 25,000/- and also for 6 months imprisonment with the fine of rs. 500/- for the respective offences.

(2.) AS per the prosecution case, on 28-3-2000, at about 14-30 hours, when the deceased Nathabhai Naranbhai had gone to load sand in the agricultural field of Kanabhai Barad, at that time when the deceased was filling up the sand, the accused-appellant had killed the deceased by giving axe blows. The brother of deceased Gopalbhai Naranbhai was informed by one Punja Vasa and the said brother of the deceased was also informed by his wife Ganga about the aforesaid incident. Therefore, the brother of the deceased Gopalbhai Naranbhai, P. W. 1, lodged the complaint which was registered vide C. R. No. 19 of 2000 of Sutrapada police Station for the offence under Sec. 302 of I. P. C. read with Sec. 135 of Bombay Police Act (B. P. Act ). It was stated in the complaint that there was enmity between deceased and accused on account of wiring of the light. The police investigated the complaint, and ultimately, the charge-sheet was filed against the appellant-accused for the offences under Sec. 302 of the I. P. C. for causing death of dalit (Harijan) Nathabhai Naranbhai Rathod and also for the offences under Sec. 135 of the B. P. Act since the accused was possessing axe which was a prohibited weapon as per the Notification of the District Magistrate under the B. P. Act. The charge-sheet was also filed for the offence under Sec. 3 (2) (5) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities)Act, 1989 ("the Act" for short ). The prosecution in support of the charge, had examined the following witnesses : <FRM>JUDGEMENT_1732_GLR2_2009Html1.htm</FRM>

(3.) THE learned Special Judge (Atrocity) and Additional Sessions Judge, after recording of the evidence, had also recorded the statement of the accused under sec. 313 of the Cr. P. C. , wherein the accused had denied all the evidence which came on the record against him and in the further statement, the accused had stated that he had been wrongly involved in the case due to earlier dispute and though it was a case of accident, a false case is filed against him.