MOHANLAL GOSAIBHAI BHAGAT Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
MOHANLAL GOSAIBHAI BHAGAT
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(1.) This appeal arises out of the conviction of the appellant a primary school teacher who by his Stupid and misguided act may be out of desperation or frustration has taken life of one Kulinchandra J. Purohit Administrative Officer Education Department District Panchayat Broach in a most tragic manner. The appellant was convicted by the learned Sessions Judge Broach in Sessions Case No. 60 of 1979 decided on 28/12/1979 under sec. 302 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for life and a fine of Rs. 500.00 in default of payment of fine rigorous imprisonment for 3 months for the offence under sec. 436 of I. P. Code rigorous imprisonment for 10 years and a fine of Rs. 500.00 in default of payment of fine rigorous imprisonment for 3 months for the offence under sec. 449 of I. P. Code rigorous imprisonment for 10 years and a fine of Rs. 500.00 in default of payment of fine rigorous imprisonment for 3 months for offence under sec. 450 of I. P. Code rigorous imprisonment for 21 years and a fine of Rs. 250.00 in default of payment of fine rigorous imprisonment for one month for offence under sec. 452 of I. P. Code rigorous imprisonment for 21 years and a fine of Rs. 250 in default of payment of fine rigorous imprisonment for one month and for offence under sec. 342 I. P. Code rigorous imprisonment for one month. The learned Judge has ordered all the substantive sentences to run concurrently.
(2.) The appellant-accused was serving as primary school teacher at village Sarsa Taluka Zagadia District Broach. The appellant was on leave from 19th February to 26th February 1979. Deceased Kulinchandra J. Purohit was the Administrative Officer District Education Office District Panchayat Broach at the relevant time.
(3.) The short prosecution story as narrated by complainant Jayantilal Acharatlal Gandhi who is serving in the Education Department as a Senior Clerk is that on 26/02/1979 when he was working in his office which is situated adjoining to the Office of the Administrative Officer he noticed smoke emitting from the chamber of Mr. Purohit Administrative Officer at about 11-45 to 12-00 noon and the smoke was also noticed by other clerks who were working in the Administrative Branch. According to his say adjoining to his table one Hemaben Mehta was also sitting and also on the eastern side of his table there is a table of Head Clerk Shri Mohanbhai Patel. As all these persons saw smoke emitting from the chamber of the Administrative Officer they raised shouts and they tried to go to the cabin of Mr. Purohit but they were unable to go inside because of the smoke and fire. Hence they tried to go to the chamber by the eastern door of the said office. As soon as they reached near the door they saw the appellant in white clothes having a burning torch in his right hand and a plastic tin in his left hand. From the said tin he poured petrol on the table of Head Clerk Shri Mohanbhai and set fire by the burning torch. Because of this they were not in a position to go in the chamber of the Administrative Officer. Subsequently from the door which is situated on the southern direction they went out of the office. As they got out of the office described as Establishment Branch of the Education Department they again saw the accused having burning torch in his hand and petrol tin in his other hand and igniting fire in the Accounts Section of Education Branch. The said room of Accounts Section is situated in the eastern direction of the Establishment Branch of the Education Department. Thereafter they got down from the stair-case and they were proceeding to main entrance which is situated on the northern direction. Again in the chawk in the front of main entrance accused after pouring petrol ignited fire. Subsequently in the chawk which is situated just between the new building and old building of the District Panchayat one Prabhatsinh Makwana along with two other persons caught hold of the accused.;
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