NAMUBHAI KARSANBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appellants - original accused in Sessions Case No. 145 of 1992, along with other two accused, were charged and tried by the learned Additional Sessions judge, Surat, for the offence punishable under Section 302, 324 read with Section 34 of Indian Penal Code (for short "ipc")and also under Section 135 of the Bombay police Act.

(2.) IT is the case of the prosecution that the complainant Chanabhai Budhiabhai rathod in his complaint stated that he is an agricultural labourer, residing with his family at Abrama, Taluka Kamrej, Dist. Surat. They are five brothers and four sisters. Ramesh was his younger brother and was married with Nimuben at Abrama, taluka Kamrej and he was staying with his three daughters separately. On 18. 4. 1999, chhatabhai Budhiabhai was going for agricultural work in the field of Thakor parbhubhai of his village at about 2. 00 o'clock in the after-noon and at that time one Tinuben, wife of Namubhai Karsanbhai (accused) was cutting the green grass. At that time she was alone. So he went there and stood there for some time. Thereafter, he demanded to have illicit relation with her, but, she refused. So, he went to the field by saying that she should not tell this fact to anyone. Thereafter, when chhanabhai was taking dinner with his wife at about 8. 00 p. m. at that time the husband of Tinuben, present appellants - accused namubhai Karsanbhai, Rakesh Karsanbhai, mahesh Karsanbhai and one Rafik came there and Namubhai told him that "why did he molest his wife by holding her in the field and then he started giving filthy abuses. Chhanabhai, complainant asked him not to give abuses and scuffle took place between them. At that time brother of chhanabhai came there with his father budhabhai Fakirbhai to rescue them. At that time appellant - accused Rakesh karsanbhai, who is residing opposite to the house of the complainant, went to his house and brought Axe and gave Axe blow on the neck of Ramesh, brother of the complainant, and also gave blow on his father, who intervened in the quarrel and also gave Axe blow on his hand. In the said incident Ramesh died. The injured were taken to Dinbandhu Hospital, at Abrama where injured Ramesh died.

(3.) THEREAFTER the complaint was lodged by Chanabhai Budhiabhai Rathod at 3. 30 a. m. at Kamrej Police Station. Offence was registered at CR No. I-104 of 1999 against the accused for the offence punishable under Sections 302, 324 read with Section 34 and also under section 135 of the bombay Police Act. Thereafter, investigation was handed over to P. S. I. Henri Julius. The investigation was carried out by P. S. I. , Kamrej Police Station. Investigating Officer also sent the Yadi to the Executive Magistrate for Inquest panchnama. Inquest Panchnama was drawn in presence of Executive Magistrate, statement of injured witnesses were recorded, Panchnama of place of incident was drawn in presence of panchas, possession of muddamal was taken in presence of panch witnesses and thereafter, the accused were arrested. Thereafter, after completion of investigation, the Police filed charge-sheet against the accused in the court of learned Judicial Magistrate First class, Surat.