HARIJAN PARBAT BIJAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This conviction appeal is directed against judgment and order dated 4/09/1991 passed by the learned Additional Sessions Judge, Jamnagar, in Sessions Case No. 25 of 1991, convicting the appellants, referred to herein as accused No.1 and 2, as the case may be, for the offences punishable under Section 302 and 114 of the Indian Penal Code ("IPC" for short), and ordering them to suffer imprisonment for life and to pay fine of Rs. 100, in default to suffer rigorous imprisonment for two months and one month respectively. The prosecution case, in brief, as flowing from the mouth of the complainant, is:- On 29/10/1990, the complainant Rameshbhai Jethabhai and his brother deceased Dhanji Jethabhai were working in the field from 8 o'clock in the morning. At around 10 O'clock in the morning, their father Jethabhai visited the field and after inquiring about the work going on there, went back. Some time thereafter the complainant went to serve grass to the bullocks, whereas the deceased was taking bath in a basin. Both the complainant and the deceased observed `fast' on that day and therefore they were not to take food. At around 2.30 in the afternoon, the accused No.1 Parbat Bijal accompanied by accused No.2 Harijan Khakha Naran, both of whom happened to be the cousins of the complainant (mother's sister's sons), reached the place where deceased was taking bath. The accused No.2 caught hold of the deceased and the accused No.1 inflicted two knife blows which ultimately resulted into the death of deceased Dhanji. Upon hearing the shouts of the deceased, the complainant and others viz., Baghubha Rupsinh, Pravinsinh Rupsinh and some female workers ran towards the scene of offence. They caught hold of accused No.2, whereas the accused No.1 could escape with knife. The deceased was lying on the ground with injury on the right side of his stomach and in the right side of his lungs. The deceased was lying unconscious at that point of time. It has been alleged that one Manilal was passing by the field with his rickshaw. The complainant party therefore took the deceased in that rickshaw. They first went to Bhanvad Government Hospital, but since the Doctor was not available there, they went to Dr. Varothriya's hospital where the Doctor declared Dhanji as having died. Upon the advice of the Doctor the deceased was taken to the Government hospital and the complainant went to lodge the complaint at Bhanvad police station and produced before the police, accused No.1 who was caught hold of and taken by the complainant party all throughout. The accused No.1 who was allegedly absconding was arrested and the weapon of offence - the knife, attributed to him, was recovered from him.

(2.) After conclusion of investigation and filing of chargesheet, the accused persons were charged with the offences punishable as aforesaid before the learned Additional Sessions Judge. They pleaded not guilty to the charge and at the conclusion of the trial, their defence was one that of denial of the prosecution case saying that they were innocent and were falsely implicated.

(3.) At the conclusion of trial, and after hearing the learned advocate for the accused persons and the learned APP for the State, the learned Additional Sessions Judge upheld the prosecution case and rendered conviction and sentence to the accused persons, as aforesaid. That is how they are before this Court. It has been reported to this Court, that accused No.1 is in jail, whereas accused No.2 came to be bailed out after he had been in jail for a period of around two years.