STATE OF GUJARAT Vs. PATEL AMITKUMAR RASIKLAL @ KHANO

JUDGEMENT

(1.) BOTH these appeals arise out of a judgment and order rendered by the learned Additional Sessions Judge (FTC), Mehsana, on 18.1.2003, in Sessions Case No. 237/2000. The learned trial Judge was pleased to convict the appellant of Criminal Appeal No. 483/2003 (original Accused No. 1), for the offences punishable under Sections 302 and 324 of the Indian Penal Code ("IPC" for short) and awarded sentence of life imprisonment and a fine of Rs. 1000/ -, in default, S.I for three months, for the offence punishable under Section 302 IPC and R.I for one year and a fine of Rs. 500/ -, in default, S.I for one month, for the offence punishable under Section 324 IPC. The learned trial Judge recorded acquittal of original accused No. 2, Patel Amitkumar Rasiklal @ Khanno, which has been challenged by the State by preferring Criminal Appeal No. 463/2003.

(2.) THE prosecution case, in nutshell, is that the incident occurred on 19.7.2000 at about 9.30 A.M in the Campus of V.R. Patel College of Commerce, situated in the city of Mehsana. According to the prosecution case, two days prior to the date of the incident, deceased Nagjibhai Salubhai addressed original accused No. 1, Babi Abdul Raheman @ Babo Nyajmohmmed as "Bandiyo". The accused No. 1 subsequently came to know about this and told first informant Rameshbhai Keshavlal Chaudhary to bring Nagji Salubhai before him. It is alleged that on the date and time of the incident, Nagji was called from village Boriyavi and he had come to the College Campus. When Nagji met accused No. 1, accused No. 1 asked him as to why he addressed him as "Bandiyo". Thereupon, some quarrel took place between accused No. 1 and Nagji, and it is alleged that accused No. 1 abused Nagji and thereupon Nagji slapped twice accused No. 1 and immediately, Nagji tried to escaped, but, after covering some distance, Nagji fell in a ditch. Nagji was chased by accused No. 1 carrying knife in his hand. As soon as Nagji fell in the ditch, accused No. 1 mounted on him and inflicted two knife blows on the neck and backside portion of the body of Nagji. Accused No. 1 thereafter immediately left the place. First Informant Rameshbhai Keshavlal Chaudhary, who was standing near the place of the incident, also escaped, but, accused No. 1 chased him and when he reached near the road to catch a rickshaw, accused No. 1 came near him and inflicted a knife blow on his cheek running across the face. At that time, accused No. 2, Patel Amitkumar Rasiklal, carrying knife in his hand, was accompanied by accused No. 1. Both the accused persons thereafter escaped. First Informant Rameshbhai Keshavlal then went to the hospital of Dr. Gurjar and took primary treatment and lodged F.I.R before P.S.I of Mehsana Taluka Police Station about the incident. FIR came to be registered and investigation was commenced. The statements of the material witnesses were recorded and after collecting the required material, police filed charge sheet in the Court of learned J.M.F.C. Mehsana against both the accused persons. Since the offence was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions at Mehsana, where it was registered as Sessions Case No. 237/2000.

(3.) THE trial Court framed charge at Exh.9 against both the accused persons for the offences punishable under Sections 302, 324, 506(2) r.w. Section 34 of IPC, to which both of them did not plead guilty and claimed to be tried. Thereupon, the prosecution adduced oral and documentary evidence. After completion of oral evidence adduced by the prosecution, the learned trial Judge recorded further statements of the accused persons under Section 313 of Cr.P.C., and both the accused persons denied generally all the allegations levelled against them by the prosecution, and stated that they were falsely implicated in this case.