DAHYABHAI MAGANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Appeal is directed against the judgment and order of conviction and sentence dated 30. 7. 1988 passed by the learned Addl. Sessions Judge, Ahmedabad (Rural) at Narol in Sessions Case No. 27/88, by which the learned Sessions Judge has convicted the present appellants for the offences punishable under sections 304 Part II read with section 114 of IPC and and all of them were sentenced to suffer Rigorous Imprisonment for six years and to pay fine of Rs. 500/- in default imprisonment for six months. The learned Judge also convicted the appellants-accused for the offences under sections 324 and 114 of IPC and senenced them to suffer Rigorous Imprisonment for one month and fine of Rs. 100/- in default further imprisonment for 10 days. Both the sentences have been ordered to run concurrently. Being aggrieved by the said judgment and order of conviction and sentence, the present appeal has been preferred by the appellants. Present appellant No. 1-Dahyabhai Maganbhai Patel expired and therefore, the appeal is ordered to be abated so far as appellant No. 1 is concerned.

(2.) IN brief, it is the case of the prosecution that the incident in question took place on 7. 8. 1987 at about 2. 30 p. m. in village Dehgam. Prosecution witness No. 3-Girishkumar and PW 4 Bharatkumar were at their pan galla which is situated just nearby the road going towards Modasa from Ahmedabad at Dehgam. It is the prosecution case that PW 3-Girishbhai saw accused No. 3 assaulting PW 8-Anwarmiya, just opposite to the aforesaid paan galla. Thereafter PW 8 Anwarmiya went to the shop of Girishkumar but accused No. 3 again went to the shop and started beating Anwarmiya. PW 4-Bharatkumar went there and tried to intervene and save Anwarmiya from the accused but at that time, the accused started beating Bharatkumar also with an iron pipe. PW 3-Girishkumar saw this quarrel and he also went there to intervene but he was also beaten up by the accused. During this time deceased Ramanlal Narandas, father of PW 3-Girishkumar came there and intervened and he was also beaten up by the present appellant-accused. Thereafter all the accused ran away from the spot. Thereafter a complaint was lodged by Ramanbhai and it was registered as CR. I. No. 177 of 1987 for offences under sections 324, 323 and section 114 of IPC. During investigation, the Investigating Officer arrested the accused persons and necessary panchnama was also drawn. Muddamal recovered from the accused persons were sent to FSL. During the investigation, complainant-Ramanbhai was admitted in Gandhinagar hospital and was under treatment there and he was discharged after eight days. Thereafter, the deceased took treatment and done the dressing part from private dispensary. On 6. 9. 1987, Ramanbhai expired and, therefore, section 302 of IPC was added by submitting report before the concerned court. During the investigation, inquest panchnama was also drawn and post mortem note was collected by the Investigating Officer and thereupon investigating Officer has filed charge sheet for the offences under sections 302, 324, 323 and section 114 of IPC and the charge sheet was filed before the learned JMFC , Dehgam and as the learned JMFC has no jurisdiction to try the case for offence under section 209 the learned JMFC passed committal order under section 209 of the Code of Criminal Procedure and the case was committed to the Sessions Court which was numbered as Sessions Case No. 27 of 1988. Charge was framed for the above referred offences at Exh. 3 as the accused did not plead guilty and claimed to be tried.

(3.) TO prove its case, the prosecution has examined Dr. Jaybharti Choudhary who carried out the post mortem on deceased Ramanbhai, Exh. 17, injured witness, PW 3-Girishkumar Ramanlal, Exh. 19, injured witness, PW3, Bhavesh Chandrakant, Exh. 23, PW 4, Bharatkumar Ramanlal, Exh. 20, PW 5, Dr. Ratheendra Deshmukh who had given opinion regarding the cause of death of Ramanbhai Exh. 21, PW 7, Annapurnaben Bharatbhai, Exh. 24, PW 8 Anwarmiya, Exh. 25, PW 9, Dr. Jashbhai Waghela who had treatment to the injured witness Girishkumar, Exh. 26, PW 12, Dr. Kirankumar Parikh, who gave treatment to deceased Ramanlal after discharge from the Government hospital, Exh. 35, PW 14, Dr. Karsanbhai Waghela, Exh. 37, PW 15, Kalubha Manjaria, Exh. 41, PW 16, Natverlal Parmar, Exh. 43 etc.