RAMANBHAI MAGANBHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) INSTANT appeal is directed under Section 374 of the Criminal Procedure Code against the judgment and order delivered by learned Additional Sessions Judge, Panchmahal at Godhra on 3rd February, 2001 in Sessions Case No. 226 of 1996 whereby the present appellant being accused of the said Sessions Case came to be convicted for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment of life and to pay fine of Rs. 2,000/ -, in default to undergo simple imprisonment of six months.

(2.) BRIEFLY as per the prosecution case, the deceased Rameshbhai Mangalbhai was doing agricultural labour work in the field of the accused. The incident in question appears to have occurred on 1st June, 1996 at about 00.30 hours at Village : Dholi. On the day of the incident, on earlier night, when deceased was taking his night meal, accused came to the house of the deceased Ramesh and deceased Ramesh was directed by the accused that the crop was required to be watered and, therefore, his presence was required at the field. Therefore, the deceased Ramesh went with the accused at his field at that night and in early morning i.e. at about 00.30 hours, father of the deceased and his other relatives heard shouts from the field of the accused and accused was saying that something had fallen down in the well of the field and he (accused) was in the field. When the relatives of the deceased reached at the field. The accused climbed out of the well and ran away. In the morning, pouring out the water from the well, it was found that the deadbody of deceased Ramesh was in the well and it was taken out. Initially, father of deceased Mangalsinh Bhurabhai filed accidental death report before Morva Police Station and inquiry was handed over to P.W. 7 - Lalabhai Hirabhai Parghi. On 1st June, 1996, after noting down A.D. Inquiry No. 13/1996, Lalabhai Hirabhai Parghi, Head Constable forwarded deadbody for postmortem and postmortem was conducted by P.W. 9 - Dr. Subodhkumar, Medical Officer, Sant Road Primary Health Centre on 1st June, 1996 in the evening at 5.30 p.m. According to him, in external injuries, there were some abrasions on the neck of the deceased and that cause of death was due to asphyxia due to throttling. The time of death which Doctor stated was before 12.00 hours of conducting of the postmortem and hence, Lalabhai Hirabhai Parghi, Head Constable on behalf of the State, gave First Information Report on 2nd June, 1996 at 22.00 hours against the present appellant. In pursuance of the FIR, which was registered against the accused for the offences punishable under Sections 302 and 201 of the Indian Penal Code. Investigation was conducted by P.W. 8 - Adesinh Bhimsinh Dodia, the then P.S.I of Morva Police Station, in pursuance of which charge -sheet came to be filed against the accused in the Court of learned Judicial Magistrate, First Class and the case was committed to the Court of Sessions.

(3.) THE prosecution examined as many as nine witnesses. P.W. 1 - Mangalsinh Bhurabhai has been examined at Ex. 11, father of the deceased who had filed First Accidental Death Report before the Police; P.W. 2 - Kamleshkumar Prabhatsinh, cousin brother of the accused has been examined at Ex. 12 and he did not support the prosecution case; P.W. 3 - Bhalsinh Mangalsinh examined at Ex. 13 is brother of the deceased and he has supported the prosecution case fully; P.W. 4 - Savitaben Mangalbhai, mother of the deceased has been examined at Ex. 14 and she has also supported the prosecution case; P.W. 5 - Somabhai Bhurabhai, Independent Witness has been examined at Ex. 15 and he has supported the prosecution case; P.W. 6 - Narvatsinh Bavajibhai has been examined at Ex. 16, was the then P.S.O. who recorded Accidental Death as declared by the father of the deceased; P.W. 7 - Lalabhai Hirabhai Parghi has been examined at Ex. 17, who was Head Constable at the relevant juncture, who inquired into the Accidental Death No. 13/1996 and, thereafter, filed FIR which is placed at Ex. 18; P.W. 8 - Adesinh Bhimsinh Dodia, Investigating Officer has been examined at Ex. 19 and had filed charge -sheet, while P.W. 9 - Dr. Subodhkumar has been examined at Ex. 22 was the Doctor who conducted the postmortem note and in addition to this, vide Ex. 5 by way of documentary evidence Accidental Death Report is placed on record as declared by the father of the deceased. The panchnama of scene of offence is placed at Ex. 6; Inquest panchnama is placed at Ex. 7 and Ex. 9 is the panchnama by which the accused had shown at the place of offence; the postmortem note is placed at Ex. 10; the map of scene of offence is also placed on record. The FIR is placed at Ex. 18. This is all is the evidence produced by the prosecution.