RAVAL RAJUBHAI MAHENDRABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal stems from the judgment and order dated 27.01.2014 passed by the 4th Additional Sessions Judge (Ad-hoc), Mehsana (hereinafter referred to as 'the Sessions Court') in Sessions Case No. 81 of 2013, whereby the appellant - accused has been convicted for the offence under sections 302 and 452 of Indian Penal Code and under section 135 of Gujarat Police Act. He has been sentenced to life imprisonment and to pay fine of Rs. 10,000/- in default thereof to undergo simple imprisonment for a period of six months for the offences under section 302 of the IPC; to undergo simple imprisonment for a period of five years and to pay fine of Rs. 5,000/-, in default thereof to undergo simple imprisonment for a period of three months for the offence under section 452 of IPC; and also to undergo simple imprisonment for a period of six months and to pay fine of Rs. 1,000/-, in default thereof to undergo simple imprisonment for a period of one month for the offence under section 135 of the Bombay Police Act.

(2.) The short facts giving rise to the present appeal are that the complainant Raval Jayantibhai Govindbhai, the father of deceased Sneha had lodged a complaint on 05.04.2013 alleging inter alia that on 04.04.2013 at about 8:00 p.m., the appellant - accused had illegally entered the house of the complainant and had injured Sneha, the daughter of complainant, who was aged about 14 years, by giving knife blows on her body. The said complaint was registered as I-C.R. No. 38 of 2013 at Nandasan Police Station for the offence under section 302 and 452 of Indian Penal Code and under Section 135 of the Gujarat Police Act. The Investigating Officer after carrying out investigation and collecting sufficient evidence against the appellant - accused, had laid chargesheet in the Court of Chief Judicial Magistrate, Kadi, who had committed the case to the Sessions Court under section 209 of Cr.P.C., where it was registered as Sessions Case No. 81 of 2013. The Sessions Court had framed the charge against the accused for the said offences at Exh. 2. The prosecution to prove the charges levelled against the accused, had examined as many as 12 witnesses and adduced documentary evidence. The Sessions Court after appreciating the evidence on record, had convicted and sentenced the accused as stated hereinabove.

(3.) As transpiring from the record, the prosecution had examined PW-1 Dr. Jagdishbhai Tank at Exh. 7, who had carried out the postmortem of the deceased Sneha on 05.04.2013 and noted the external and internal injuries found on her body. The said postmortem report was produced on record at Exh. 8, in which the probable cause of death recorded was "hemorrhage & neuragenic shock due to vital organ (lung, heart) injury in multiple stab wound injury." The said Doctor witness had reiterated the said injuries in his substantive evidence before the Court and stated that the said injuries were possible with the muddamal article knife which was shown to him in the Court, and that such injuries were sufficient to cause her death in ordinary course of nature. Having regard to the said evidence of PW-1 read with the postmortem note Exh. 8, it was duly established by the prosecution that death of deceased Sneha was a homicidal death.