NAVINBHAI JHINABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH the appellants, who were original accused Nos. 1 and 2 in Sessions Case No. 276 of 1996, came to be convicted by learned Additional Sessions Judge and Fast Track Court No. 6, Bharuch for the commission of offence punishable under Section 302 read with Section 114 of the Indian Penal Code ('ipc', for short) by judgment and order dated 5. 5. 2004. Each of the appellant was awarded sentence of R. I for life and fine of Rs. 500/- and in default of payment of fine, S. I for one month for the offence punishable under Section 302 r/w. Section 114 of the IPC. By the same impugned judgment and order, the learned trial Judge acquitted the original accused Nos. 3 and 4.

(2.) THE prosecution case in nutshell is that the incident occurred on dated 16. 6. 1991 at about 12. 30 p. m. near Hasti Lake, in the outskirts of Ankleshwar. At the time of the incident, first informant Hasmukh Haribhai Patel and deceased Rameshbhai Ishwarbhai Patel and witness Ramesh Ambubhai Patel (PW-2) were going on one Hero-Honda motorcycle from their village Gadkhol to Ankleshwar, for the purpose of purchasing some pesticides. The motorcycle was driven by deceased Rameshbhai Ishwarbhai and Hasmukh Haribhai Patel and witness Rameshbhai Ambubhai were pillion riders. It is alleged that when they reached near Hasti lake, at that time, the appellant - original accused No. 1 Navinbhai Patel gave signal to deceased Rameshbhai Ishwarbhai to stop Hero-Honda bike. As soon as the deceased Rameshbhai Ishwarbhai stopped the bike, it is alleged that appellant - accused No. 1 Navinbhai Jhinabhai Patel inflicted a knife blow on the person of Rameshbhai Ishwarbhai. Ramesbhai Ishwarbhai tried to run away, but his leg got entangled in a bush and, therefore, fell in a road-side gutter. It is alleged that at that time, original accused No. 2 Kanaksinh Mansinh Rana and the original accused Nos. 3 and 4, who came to be acquitted, caught hold of Rameshbhai Ishwarbhai, and the appellant - original accused No. 1 Navinbhai inflicted two more blows on the person of Rameshbhai Ishwarbhai. First informant Hasmukh Haribhai Patel went to Ankleshwar police chowky, but PSI was not available as he was in police station and, therefore, first informant Hasmukh Haribhai Patel went to police station and met PSI Mr. Gameti. PSI Mr. Gameti told first informant Hasmukh Patel to remove Ramesh Ishwarbhai to hospital, and thereupon, the first informant Hasmukh Patel made arrangements for removal of Rameshbhai Ishwarbhai to a hospital. Hasmukh Patel reached hospital and by that time Rameshbhai Ishwarbhai was brought to the hospital by a rickshaw driver. Hasmukh Patel was informed that Rameshbhai Ishwarbhai had succumbed to the injuries. PSI Mr. Gameti noted down the first information report of Hasmukh Patel in the hospital and the offence came to be registered and investigation was started.

(3.) FOR the sake of convenience, the appellants No. 1 and 2 shall be hereinafter referred to in their original status in the Sessions Case before the trial Court. It is further pertinent to note that original accused Nos. 3 and 4 came to be acquitted by the trial Court, but, it appears that their acquittal is not challenged by the State by preferring any appeal.