KANUBHAI JIVRAJBHAI KOLI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants were accused no. 1, 2 and 3 respectively before Sessions Court, Surat in Sessions Case No. 177 of 2003. They came to be tried alongwith two other accused Jayaben, wife of Boghabhai Valjibhai and Harjibhai Valjibhai as accused no. 4 and 5 respectively.

(2.) THE charge against the accused persons was that suspecting illicit relations by deceased Ashokbhai Bhupatbhai with Laxmiben, sister of accused no. 2 and daughter of accused no. 3, the accused persons hatched a conspiracy to commit murder of deceased Ashokbhai Bhupatbhai and to fulfill the common object of that conspiracy, the appellant no. 2 took deceased Ashokbhai Bhupatbhai to the terrace of House No. 184 of Kamal Park Society, Matavadi, Varachchha, Surat and there the deceased was done to death by causing various injuries with deadly weapons like a knife and a baseball bat. Thereafter, the appellant no. 2, in company of appellant no. 1, brought back the deceased to the house of first informant Ghanshyambhai Chhaganbhai Koli and left the place whereas appellant no. 3 caused a wrongful confinement of first informant Ghanshyambhai by preventing him from going to lodge a complaint and further preventing the deceased from being taken to the doctor. Therefore, they were alleged to have committed offence punishable under Sections 302, 323, 324, 325, 201, 120 (B) and 341 of I. P. C. and Section 135 of the Bombay Police Act.

(3.) THE facts of the prosecution case, in brief, are that deceased Ashokbhai used to go to the house of Ghanshyambhai Chhaganbhai Koli in Kamal Park Society, Matavadi, Varachchha, Surat for taking meals. On the day of incident i. e. 30th May, 2003, when Ashok had gone to the house of first informant for taking his dinner, appellant no. 2 Ramesh went there and called him and they both left together. Thereafter, it is the case of the prosecution that appellant no. 2 - Ramesh and appellant no. 1 - Kanubhai returned to the house of the first informant alongwith deceased Ashok in an injured condition. Ashok was being carried by appellant no. 2. After leaving Ashok there, appellant no. 1 and appellant no. 2 left and when the first informant Ghanshyambhai tried to take the deceased to the doctor and to inform police, the appellant no. 3 - Boghabhai prevented him from doing so. Somehow, Ghanshyambhai escaped to the house of P. W. 13 Lakhabhai Arjanbhai Makwana and P. W. 14 Keshubhai Visabhai Makwana and informed the police. On basis of that information, an offence was registered and investigation made. The police found that five accused persons had hatched a conspiracy with a common object of committing murder of Ashok as they suspected that deceased Ashok was maintaining illicit relation with Laxmiben, sister of appellant no. 2 and daughter of appellant no. 3 and in furtherance of that common object, the appellant no. 2 took away the deceased, assaulted him and brought him back to the house of first informant and, therefore, a chargesheet was filed against all five of them for the said offences in the Court of learned Judicial Magistrate First Class, Surat. The learned Judicial Magistrate First Class, Surat, in turn, committed the case to the Court of Sessions and Sessions Case No. 177 of 2003 came to be registered.