SARDARJI JAVANJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petitioner-original complainant lodged complaint against the respondents nos. 2 and 3 (original accused) before Sarkhej Police Station alleging that the respondents no. 2 and 3 (original accused) on the day of the incident entered into the house of the petitioner-original complainant's father and started quarelling with the petitioner's father by raising questions as to why the petitioner's father was not ready and willing to give the share in the land bearing Survey no. 210 which is agricultural land belong to Sakraji. The petitioner's father did not agree to such proposal of giving share in the said land and at that time, the respondents nos. 2 and 3 (original accused) assaulted the petitioner's father by giving kick and fist blows, which resulted in the death of the petitioner's father. It was also alleged in the complaint that even though it was within the knowledge of the respondents nos. 2 and 3 (original accused) that deceased Jawanji was an aged person who was physically handicapped and also a patient of heart disease, and as such if kick and fist blows are inflicted on him, he would succumb to his injuries, the respondent nos. 2 and 3 (original accused had inflicted such injuries on deceased Jawanji within an intention to kill him.

(2.) ON the basis of the said complaint offence was registered and investigation was commenced. During investigation , Inquest Panchnama was drawn, post mortem was carried out on dead body of deceased, Panchnama of scene of offence was drawn, statements of relevant witnesses were recorded by the Investigating Officer. Viscera was also sent to the FSL.

(3.) ON completion of the investigation charge-sheet was filed for the offence punishable under Sections 302, 504. Section 114 of the Indian Penal Code. As the offence was exclusively triable by the Court of Sessions the case was committed to the Sessions Court under Section 209 of the Cr. P. C. which came to be numbered as Sessions Case no. 48 of 2007. The learned Addl. Sessions Judge, thereafter framed charge Exh. 4. The accused denied the charges and claimed to be tried.