MANSURBHAI RAMBHAI BHUA Vs. STATE OF GUJARAT
LAWS(GJH)-2013-6-243
HIGH COURT OF GUJARAT
Decided on June 18,2013

Mansurbhai Rambhai Bhua Appellant
VERSUS
STATE OF GUJARAT Respondents





Cited Judgements :-

JAYENDRASINGH JAYUBHA GAJUBHA JADEJA VS. STATE OF GUJARAT [LAWS(GJH)-2013-12-244] [REFERRED TO]


JUDGEMENT

- (1.)The present appellants have preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 20.7.2006 passed by the learned Addl. Sessions Judge, Fast Track Court No. 3, Amreli in Sessions Case No. 16/2006, whereby, the learned trial Judge has convicted the appellants under sec. 302 of IPC and sentenced to undergo R/I for life and to pay a fine of Rs. 30,000/-each, in default, to undergo further imprisonment for two years. It is further ordered by the learned Addl. Sessions Judge that out of total fine of Rs. 90,000/-, Rs. 60,000/- shall be paid to the mother of the deceased by way of compensation under section 357 of CrPC, which is impugned in this appeal.
(2.)2.1 The case of the prosecution is that on 23.10.2005, at about 23.30 O'clock, at village Savarkundala, District Amreli, when son of complainant Razak went to call Doctor Umarbhai as her husband was having some breathing problem and when deceased called the doctor by standing opposite the house of doctor, at that time, appellants no. 1 and 2 armed with knife and appellant no. 3 armed with stick, came there, caught hold of the deceased and appellants no. 1 and 2 had given knife blows and appellant no. 3 had given stick blows and thereafter the appellants ran away from the place of offence, the complainant came there and taken her son Razak to the Hospital at Savarkundala where doctor had declared him as dead. Thereafter the complaint was filed.
2.2 The appellants accused came to be arraigned for committing the murder and after the investigation was complete, the charge-sheet was laid against the present appellants. Thereafter, as the case was exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions, which was given number as Sessions Case No. 16/2006.

2.3 Thereafter, the Sessions Court framed the charge below Exh. 3 against the appellants for commission of the offence under section 302 read with sec. 34 of IPC. The appellants -accused have pleaded not guilty and claimed to be tried.

2.4 To prove the case against the present appellants, the prosecution has examined the following witnesses:

1. PW-1 Kalubhai Valibhai Ex. 9

2. PW-2 Irfan Unushbhai Ex.11

3. PW-3 Dr. Ramjibhai Deshabhai Exh. 16

4. PW-4 Jenuben Baghabhai Ex. 26

5. PW-5 Daudbhai Jamalbhai Mir Ex. 27

6. PW-6 Salmaben Baghabhai Ex. 31

7. PW-7 Dahyabhai Amrabhai PSO Ex. 32

8. PW-8 Ranjitsinh Hathisinh Ex. 35

9. PW-9 Rameshchandra Bhikhudas,I.O., Ex. 36

2.5 The prosecution also relied upon the following documentary evidences so as to bring home the charges against the appellants-accused.

1. Inquest panchnama Ex.13

2. Panchnama of scene of offence place Ex. 12

3. Discovery panchnama Ex. 12

4. Panchnama of clothes of deceased Ex. 14

5. Arrest panchnama Ex. 15

6. Case papers of deceased Ex. 17

7. Yadi to PI, Amreli City Ex. 18

8. Yadi for PM Ex. 19

9. PM Note Ex. 20

10. Yadi Ex. 25

11. Yadi Ex. 33

12. Complaint Ex. 34, 36

13. Despatch Nondh Ex. 39

14. FSL report with forwarding letter Ex. 40

15. Serological report Ex. 41

16. Receipt Ex. 42

17. Form Ex. 43

18. Certificate for cause of death Ex. 44

19. Notification Ex. 45

20. Copy of station diary Ex. 46

21. Map Ex. 51

(3.)Thereafter, after examining the witnesses, further statement of the appellants-accused under sec. 313 of CrPC was recorded in which the appellants-accused have denied the case of the prosecution.


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