STATE OF GUJARAT Vs. BAWAJI TEJAGAR KRISHNAGAR

JUDGEMENT

(1.) THIS appeal is filed by the State Government calling in question the acquittal of the respondents -original accused for offence under Section 302 of IPC in the judgement dated 17.03.1993 passed by the learned Sessions Judge, Bhavnagar in Sessions Case No. 168 of 1991. We may record that respondent No.1 - original accused No.1 was convicted for offence under Section 304 Part -II and sentenced to rigorous imprisonment of three years. Fine was also imposed. The rest of the accused Nos. 2 to 4 were all acquitted. The State has not preferred any appeal for enhancement of the sentence against the convicted accused No.1.

(2.) BRIEFLY stated, the prosecution version was that, on 03.07.1991 at about 9.30 at night, the complainant Bhuriben and her daughter had gone to the house where her daughter -in -law Shyamli had started residing with accused No.1 after the death of her husband. They had gone to persuade her to come back. However, the situation got ugly. Bhuriben was pushed down. Her son Ratangar came to the scene and questioned the accused for their act. Upon which, the accused No.1 went inside the house, brought a sword and gave one blow on the neck of the deceased Ratangar. Accused No.2 gave blows on his body with a sharp cutting instrument called suda. Accused No.3 and 4 gave dhoka blows.

(3.) PW 1 Bhuriben Exh 25 was the first informant and an eyewitness. She deposed that, her son Premgar had died. His wife Shyamli had started residing with accused No.1. Her another son Shankargar had also died. Shyamli had taken Dadam, wife of Shankargarar to get married to Shravan, her brother, accused No.2. She and her daughter Champa, on the date of the incident, went to the house of Shyamli to persuade her. At that time, accused No.1 came and started abusing them. He pushed Bhuriben, who fell down on the ground. Her son Ratangar came upon which, accused No.1 brought a sword from his house and gave one blow on the neck of Ratangar. Shravan, accused No.2 hit her son with the suda. Accused Nos. 3 and 4, Shyamli and Dadam were present who held him down. In the cross examination, she admitted that after death of her son, Shyamli got appointment on his place under the Meleria Department. The post death benefits were also paid to Shyamli. Shyamli and her husband Premgar were residing separately from the beginning. She denied that her son Ratangar was forcing Shyamli to marry him. She also denied that at the time of incident, Ratangar was carrying a stick and had hit Dadam on the head with the stick. She, however, admitted that Dadam had filed a complaint before the police on the same day involving her, her daughter and son. She admitted that the incident took place outside the house of Shyamli.