NAJMUBHA GULRABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this appeal which is filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant has questioned the legality of the judgment dated 27-11-2006, rendered by the Additional Sessions Judge, Himatnagar in Sessions Case no. 23 of 2006 by which he is convicted under Section 307 of the Indian Penal Code, and sentenced to suffer R. I. for seven years and fine of Rs. 3000/-, in default, S. I. for six months.

(2.) BRIEF facts as emerging from the record of the case are as under: 2. 1 The complainant -Limbabhai Velabhai Solanki along with other family members and relatives including Mohanbhai Kesrabhai Solanki had gone for attending the after death ceremony of the 12th day after the death of their relative Kalaben Kevalabhai Solanki. At that time all of them gathered in the field nearby the well, which is known as "khakharavalo Kuvo". In that field when they were cooking lunch at about 1. 15 p. m. Mohanbhai Kesrabhai Solanki asked the present appellant to return the golden ornaments that were given to him started abusing using filthy language whereupon a quarrel ensued between the present appellant and Mohanbhai Kesrabhai and in that quarrel the present appellant suddenly attacked Mohanbhai Kesrabhai on his stomach part with a knife. Soon all the relatives and family members of the complainant like Bhuta Raja Solanki, Jovna Raja Solanki, Bada Jalma Solanki and Sopa Gujara Solanki and other persons rushed to the place of incident and helped Mohanbhai Kesrabhai-the injured who was then removed to the hospital at Poshina. In the meantime, the present appellant had fled away from the place of incident. Thereafter, the complainant Mr. Limbabhai Velabhai Solanki a resident of "mukhin no Falo" Village Kotdagadhi lodged a complaint on 6-11-2004 at Poshina Police Station which came to be registered as I Crime Register no. I 55 of 2004 for the offence under Sections 326,307, 504 of the Indian Penal Code an Sec. 135 of the Bombay Police Act. The complaint was investigated and at the conclusion of the investigation the present appellant was charge-sheeted for the aforesaid offences and was produced before the J. M. F. C. Khedbrahma. As the offence in question was exclusively trial by the Court of Sessions the case was committed to Sessions Court, Himmatnagar under Section 209 of the Criminal Procedure Code. The learned Sessions Judge framed charge against the accused for the offence punishable under Sections 307 and 504 of the Indian Penal Code against the present appellant-accused. The charge was read over and explained to the present appellant-accused who pleaded not guilty to the charge and claimed to be tried.

(3.) TO prove its case against the accused, the prosecution has examined as many as 23 witnesses, but mainly relied on the evidence of complainant at Exh. 12, Dr. Lajvanti Mahavrat at Exh. 8, injured witness Mohanbhai Kesrabhai Solanki at Exh. 13, Dr. Vinod Kavjibhai Varsat at Exh. 14 and Investigating Officer Mr. Vimalkumar R. Bajpayee at Exh. 23 and also produced documentary evidence like medical certificate along with medical papers at Exhs. 9 to 11, injury certificate issued by the Civil Hospital, Himatnagar at Exh. 15, the Panchnama of scene of offence at Exh. 19, FSL report at Exh. 28 and proclamation issued by the District Magistrate at Exh. 29, the complaint Exh. 31 and Panchnama of recovery of knife Exh. 34. After recording of evidence of prosecution witnesses was over, the further statement of the appellant-accused under Section 313 of the Criminal Procedure Code came to be recorded wherein the appellant has denied the allegations made against him and stated that the complaint was lodged for harassing him because the brother of the present appellant has filed the criminal complaint against Mohanbhai Kesrabhai and other persons before one month under Sections 324, 326 at Kedbrahma Police Station and with a view to taking revenge the present complaint has been filed.