- (1.) Leave granted.
(2.) Challenge in this appeal by accused No. 2 is to the judgment of a learned Single Judge of the Gujarat High Court upholding the conviction of the appellant for offences punishable under Section 307 read with Section 34 and Section 120-B of the Indian Penal Code; 1860 (in short the 'IPC'). Learned Additional Sessions Judge, Valsad, had recorded the judgment of conviction and had imposed sentence of five years for the first offence and no separate sentence was imposed for latter offence. Fine of Rs. 500/- with default stipulation was also imposed.
(3.) Background facts in a nutshell are as follows : On 26.11.1987 around 07:30 p.m. in village Kaanjan Ranchhod, Tal in Dist. Valsad, the appellant-accused No. 1 called the complainant-Kalaben Jagabhai Patel at Khadi to take money and also told her that he had some work with her. The accused No. 2 also reached at the same place from where both the accused took the complainant in Vadi of Chamarbhat Revlabhai, where for about half an hour, they were talking and thereafter with an intention to kill the complainant they. forcibly made the complainant drink an insecticide used in Chilly Crop named as Eka Laxys EC.25'. The accused No. 2 caught hold of the complainant and thus, committed offence of an attempt to murder the complainant. The complainant was residing at Village "Kaanjan Ranchhod' of Taluka Valsad along with her mother and brothers. The father of the complainant had expired about 6-7 years ago. She had studied upto 8th Standard. On 26.11.1987, the complainant had gone to Khadi for washing the clothes at about 12 noon. At that time, i her aunt had also come to wash the clothes and after completing the work of washing clothes, she (the aunt) went away. Thereafter, aroundnoon, Satishbhai Nichhabhai and Ishwarbhai Khusalbhai, residents of the same Faliya as that of the complainant, had come to wash their clothes. The complainant, after getting her clothes dried around 3 O'clock, started to go to her house. On the way, the accused No. 1 Jayantibhai Gulabbhai met her near his field and asked the complainant to come at Khadi in the evening to collect money, He (accused No. 1) also told that he has some personal work with her. The. complainant told him (accused No. 1) that she will come in the evening and went to her home. Thereafter around 7:00 p.m., the complainant went to 'Khadi' where the accused No. 1 was present. While she was talking with the accused No. 1, the appellant-accused No. 2 Chimanbhai Jagabhai reached there. Thereafter, both the accused took the complainant to Vadi of Chamarbhai. There they talked for about an hour. Thereafter, all of a sudden accused No. 2 Chimanbhai Jagabhai caught hold of the complainant and accused No. 1 Jayantibhai took out a bottle of poisonous medicine used as insecticide in chilly crop forcibly poured the same in the mouth of the complainant. As the complainant was caught hold of by the accused No. 2 Chimanbhai Jagabhai. she could not shout. On medicine being administered to the complainant, she fainted and the accused ran away from the place. After sometime the complainant regained consciousness and she shouted for help. On hearing shouts of the complainant, her brother Nabhubhai. Ishwarbhai and Ukadbhai came running there and they brought the complainant to the house of Ishwar. There she was administered juice of Neem tree, whereafter the complainant vomited. The complainant was then admitted, in the hospital at Valsad. On the next day, Mamlatdar, Valsad, recorded the statement of the complainant. The real cause of the incident was the love affair between the complainant Kalaben and accusec No. 1 Jayantibhai as a result of which the complainant became pregnant. The accused Jayanatibhai advised the complainant and also gave some tablets to her to get the child aborted, but as it was not possible, the complainant asked the accusedJayantibhai to marry her. Initially, he agreed for the same, but then he turned around and did not marry the complainant. The brother of the complainant Nabhubhai then talked to Hirkabhai and meeting of "Caste Panch' was called. There it was agreed that Jayantibhai and complainant be. married. But as the accused-Jayantibhai was not willing to marry the complainant, he tried to kill the complainant by administering the poison forcibly. The investigation was undertaken and charge-sheet was filed. The trial Court placed reliance on the evidence of the witnesses and found the appellant guilty. Emphasis was laid on the evidence of the complainant (PW 5), Nabhubhai Jagabhai (PW8). Balubhai Maganbhai (PW5) and Dr. Ram Ratan (PW2). Before the High Court the primary stand in appeal was that offence under Section 307 is not made out. It was also, submitted that Section 34 has no application. The High Court did not accept this plea and found the appellant, who was A2 before the trial Court, guilty. The High Court held that the present appellant rightly been convicted by application of Section 34, IPC.;