SANJAY @ THAKUR PURSHOTTAM SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) FEELING aggrieved and dissatisfied with the judgment and order rendered by learned Addl. Sessions Judge, City Civil & Sessions Court, Ahmedabad on 31.1.2003 in Sessions Case No. 160 of 2002, the original accused, who came to be convicted by virtue of the impugned judgment and order for the offences punishable under Sections 302, 307 of the Indian Penal Code ('IPC', for short) has preferred this appeal. The appellant - accused was sentenced to undergo imprisonment for life and fine of Rs. 100/ - and in default of payment of fine, R.I for one week for the offence punishable under Section 302 of the IPC and R.I for three years and fine of Rs. 100/ - and in default of payment of fine, R.I for one week for the offence punishable under Section 307 of the IPC. Both the sentences were ordered to run concurrently and the appellant - accused was given benefit of set -off.

(2.) THE prosecution case in nutshell is that the incident occurred at about 9.30 p.m. on 18.12.2001, on a street situated on the rear side and the house of deceased - Haribhai Jivabhai Parmar. It is alleged the the appellant - accused, carrying knife in his hand, came to the house of the deceased and inquired about Chimanbhai @ Raju Haribhai, the son of deceased. At that time, Chimanbhai @ Raju Haribhai, though available in the house, but was taking rest. Deceased Haribhai thereupon told the accused that since his son Chimanbhai @ Raju Haribhai was taking rest, accused may come to his house on next day morning, to which the accused got excited and left the house, but came near the backside door of the house and started quarelling with deceased Haribhai Jivabhai, and it is alleged that the accused inflicted knife blows on the chest and abdomen of deceased Haribhai. It is further the case of the prosecution that at that time, Kantaben, the wife of deceased Haribhai tried to intervene, but the accused pushed her and she fell down on the ground. Chimanbhai @ Raju Haribhai, the son of the deceased came out from the house and it is alleged that the accused inflicted knife blow on the chest and abdomen of Chimanbhai @ Raju Haribhai. Both the injured Haribhai and Chimanbhai were initially shifted to LG Hospital, Ahmedabad. Since the injuries sustained by Haribhai was serious in nature, he was shifted to V. Hospital for further and better treatment. However, Haribhai Jivabhai succumbed to the injuries, while he was under treatment in v. Hospital, Ahmedabad. Daughter of the deceased, Kapilaben Haribhai lodged the first information report to PI, Kagdapith police station, Ahmedabad regarding the incident, and the investigation came to be commenced.

(3.) THE learned trial Judge framed charge against accused at Exh.2 for the offences punishable under Sections 302, 307, 323 of the IPC and Section 135(2) of the Bombay Police Act, to which the accused did not plead guilty and claimed to be tried. Thereupon, the prosecution adduced its oral and documentary evidence, and after the conclusion of the evidence, the ld.trial Judge recorded further statement of the accused under Section 313 of the Cr.P.C., and the accused denied generally all the allegations levelled against him by the prosecution and stated that because of rivalry, he was falsely implicated in this case. After appreciating the evidence on record and considering the submissions made on behalf of both the sides, the ld.trial Judge recorded acquittal of the accused for the offences punishable under Section 323 of the IPC and Section 135(2) of the Bombay Police Act, but recorded conviction for the offences punishable under Sections 302 and 307 of the IPC and awarded the sentence as hereinabove referred in this judgment.