DINESHBHAI BHIKHABHAI BAMCHA Vs. STATE OF GUAJRAT

JUDGEMENT

(1.) THIS appeal is filed by the appellant challenging the impugned judgment and order of conviction and sentence passed by learned Additional Sessions Judge, Fast Track Court, Patan in Sessions Case No. 635 of 2002 convicting the appellant for the offences punishable under Section 302 and 506 of the Indian Penal Code and sentencing him to undergo imprisonment for life and fine of Rs. 10,000/-, in default to undergo S. I. for six months and further sentencing the appellant to undergo R. I. for 2 years and fine of Rs. 1,000/-, in default to undergo S. I. for six months. It was ordered that both the sentences shall run concurrently.

(2.) AS per the prosecution case, complaint dated 05. 06. 2002 (Exh. 54) was lodged stating that on 04. 06. 2002 at around 03. 00 p. m. wife of the complainant Sitaben had gone to fetch water from public tap and had verbal altercation with Urmilaben, wife of Dineshbhai Bamcha-accused No. 1 herein. The above incident was reported by Sitaben at around 08. 00 to 08. 30 p. m. when the complainant returned to his residence and, after finishing dinner, the complainant told accused Dineshbhi that it was not proper to quarrel being a neighbour. All of a sudden, Dineshbhai accused No. 1, started abusing the complainant and even Urmilaben wife of accused No. 1, also abused Dineshbhai and suddenly Dineshbhai took out a knife and inflicted a blow on left side of the chest and upon shouting, younger brother of accused No. 1 Deepak Chandulal also came to the spot and inflicted fist and kick blows. At that time, Sitaben, wife of the deceased, and Sonalben, daughter of the deceased and other persons from the street tried to intervene and the complainant became unconscious. However, the complainant once again was threatened by the accused and administered threats to life. Later on, the injured complainant was shifted to Government Hospital, Patan, by his wife, daughter and other neighbours and considering the nature of injury, the complainant was advised to be shifted to Civil Hospital, Ahmedabad. However, wife of the complainant thought it fit to admit the complainant in the hospital of Dr. Raval at Patan. A minor operation was done by Dr. Raval, and due to heavy internal bleeding, ultimately the complainant succumbed to injuries.

(3.) THE above complaint was recorded at private hospital of Dr. Raval by Head Constable Shri Bhikhabhai-PW 10 (Exh. 43) and initially offences under Sections 323, 504, 506 (2) and 34 were registered at City Police Station, Patan and later on since the complainant succumbed to injuries, Section 302 of IPC came to be added. The body of the deceased was removed to Civil Hospital, Patan and inquest panchnama (Exh. 32) was drawn; Sitaben, PW 7 wife of complainant showed the scene of offence and panchnama of scene of offence (Exh. 41) was drawn; muddamal articles, including clothes of the deceased, were taken into custody and panchnama (Exh. 44) was drawn; the knife which was used in commission of the offence was also discovered by panchnama (Exh. 39); all the articles were sent to FSL and upon receipt of report (Exh. 68) and serological report (Exh. 69), charge sheet came to be filed; and the case came to be committed under Section 209 of the Code to the Sessions Court. The learned Additional Sessions Judge, Fast Track Court, Patan, examined the following witnesses:-PW 1 Dr. Vinodrai Dhirajlal Raval Exh. 16 pw 2 Dr. Jashwantbhai Revabhai Exh. 20 pw 3 Dr. Bhagwatiprasad R. Patel Exh. 25 pw 4 Ayubkhan Sardarkhan Nagori Exh. 31 pw 5 Kanubhai Ambalal Modi Exh. 33 pw 6 Babubhai Ambalal Modi Exh. 40 pw 7 Sitaben Dhiruji Thakore Exh. 50 pw 8 Sonalben Dhiruji Thakore Exh. 51 pw 10 Bhikhabhai Manabhai Parmar Exh. 53 pw 11 Bhavarsinh Kayamchand Rathod Exh. 55 pw 12 Mahadevbhai Mewabhai Rabari Exh. 61 pw 13 Ramsehchandra Baliram Patil Exh. 65