KRUSHNABHAI KASHIRAM BHUARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) INSTANT appeal is preferred under Section 374 of the Criminal procedure Code, 1973 by the appellants original accused against the judgment and order dated 25th April, 2003 delivered by learned Joint district and Additional Sessions Judge, Valsad in Sessions Case No. (Old)158 of 2001 i. e. Sessions Case No. (New) 479 of 2002. All the present nine appellants were charged for the offences punishable under Sections 143, 147, 148, 149, 323 and 302 of the Indian Penal Code as well as under Section 135 of the Bombay Police Act. The trial Court came to be convicted all the nine appellants accused for the offences punishable under Sections 143, 147, 148, 302 r/w. Section 149 and Section 323 r/w. Section 149 of the Indian Penal Code, while all the appellants came to be acquitted for the charge levelled against them and under Section 135 of the Bombay Police Act. Each of the above appellant was sentenced to undergo simple imprisonment of one month and to pay fine of Rs. 100/-, in default to undergo simple imprisonment of seven days for the offence punishable under Section 143 of the Indian Penal code; to undergo simple imprisonment of six months and to pay fine of Rs. 100/-, in default to undergo simple imprisonment of seven days for the offence punishable under Section 147 of the Indian Penal Code; to undergo simple imprisonment of six months and to pay fine of Rs. 100/-, in default to undergo simple imprisonment of seven days for the offence punishable under Section. 148 of the Indian Penal Code; to undergo simple imprisonment of six months and to pay fine of Rs. 100/-, in default to undergo simple imprisonment of seven days for the offences punishable under Section 323 to r/w. Section 149 of the Indian penal Code and to undergo simple, imprisonment for life and to pay fine of Rs. 500/-, in default to undergo simple imprisonment of fifteen days for the offences punishable under Section 302 r/w. Section 149 of the Indian Penal Code. Each of the appellants was given benefit of set off for the period which the appellants had already undergone during the trial and it was directed that all the sentences of imprisonment to run concurrently.

(2.) THE brief facts of the prosecution case reveal that the deceased in this incident is Ramdas Mahadubhai Kukana, aged 32 years who was residing at Village: Virkshet, Taluka : Kaparada, District: Valsad with his wife Anuben. The incident occurred on 1st July, 2001 at about 23. 00 hours. According to the prosecution case, deceased Ramdas had been to Nasik for labour work. From that very village other two persons named as Hiraman and Dasharath also had been to Nasik for labour work and had returned. It is the case of the prosecution that the employer had paid the labour wages pertaining to Hiraman and Dasharath to ramdas and Ramdas had taken that amount with him to his village. Therefore, on the day of the incident in the evening at about 6. 00 p. m. Hiraman Ramu and Dasharath Pandurang both visited Ramdas and asked him about the amount of Rs. 1200/ -. It is the prosecution case that at that juncture, Ramdas explained that he would refer the matter to the Panch and thereafter, he would pay the amount. On that day again at about 11. 00 p. m. , all the accused attacked the house of Ramdas. Accused No. 7 - Sitaram Kashiram Bhusara had a sickle in his hand as well as also having a stick, accused N. o. 6 - Pandu Kashiram Bhusara had an iron rod with him and accused No. 8 Ishnu Kashiram Bhusara had an axe with his hand; while other six accused had sticks with them. Deceased Ramdas ran from his house and all the accused chased him. At that time, Anuben wife of Ramdas and cousin sister and complainant in this case Saliben who was staying nearby and brother of Saliben, vasant Soma Vaghela also ran after them to save Ramdas from the accused. When Ramdas reached near the house of Dharmabhai Ramabhai bhusara situated in the same falia all the accused attacked Ramdas and three persons above named attempted to rescue Ramdas. Accused pushed Anuben, Saliben and Vasant away and accused No. 7 Sitaram kashiram Bhusara inflicted a blow by sickle on the throat of Ramdas and his throat was cut and he was fallen down on the ground. Accused no. 8 Ishnu Kashiram Bhusara also inflicted a blow by an axe on the throat of Ramdas at that time Dharmabhai Ramabhai Bhusara and his wife Laxmiben came out from their house and they also tried to intervene. Accused No. 7 Sitaram Kashiram Bhusara inflicted stick blows on the legs of Laxmiben and Dharmabhai. One Ziparbhai Mukundbhai chaudhary resident of same falia also came out from his house and he was beaten by stick blow by accused No. 3 Bhayalubhai Kashiram bhusara. Accused No. 6 Pandu Kashiram Bhusara with an iron rod gave piercing wounds on the shoulder and on the eyes of Ramdas. On hearing the shouts, the crowed was gathered and, therefore, accused ran away from that place. It was noticed that the throat of Ramdas was cut and he was dead. On that night, according to the prosecution case, no conveyance was available, on next day the vehicle was arranged by father of the complainant Saliben and they reached at Kaparada Police Station. Saliben offered complaint at about 11. 15 hours.

(3.) UPON the said complaint, PW-15 Jashvantsinh Jagatsinh chavada, P. S. I, registered the offence against the accused for the above said charges and commenced investigation on the same day i. e on 2nd july, 2001. Inquest Panchnama was drawn and deadbody was sent for postmortem. The panchnama of scene of offence was drawn in presence of panchas. The statements of witnesses were recorded and on the same day, accused No. 6 Pandu Kashiram Bhusara and accused No. 7 Sitaram kashiram Bhusara were arrested. Their clothes containing blood stains were-seized by the panchnama. On 3rd July, 2001, accused No. 9 madhubhai Kashiram Bhusara was arrested and accused No. 8 Ishnubhai kashiram Bhusara was also arrested and other accused also came to be arrested on the same day. The joint discovery panchnama was drawn by which it is stated that the accused discovered sticks as well as an axe which was discovered by the accused No. 8 Ishnubhai Kashiram bhusara. As per the prosecution case, near the dead body, at the time of drawing panchnama of scene of offence, sickle as well as iron rod were found in which there were blood stains. Muddamal was sent to f. S. L. , and a charge-sheet, on the opinion of P. S. L being received, came to be filed in the Court of Judicial Magistrate, First Class at Dharampur.