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Gujarat High Court
Judgename :AKSHAY H.MEHTA, K.R.VYAS
Chetankumar Shankarlal - Appellant
Versus
State Of Gujarat - Respondent
CRIMINAL APPEAL 617 of 1996
Decided On : 03/16/2005
Murder - Conviction for - Appreciation of evidence - Finding as to.
Head Note :
[Indian] Penal Code, 1860 (Central Act 45 of 1860) - Section 302 - Bombay Police Act, 1951 (Bom. Act 22 of 1951) - Section 135(1) - Conviction - Sustainability appreciation of evidence - Medical evidence beyond any manner of doubt clearly establish that deceased met unnatural homicidal death - In order to prove that alleged injuries which resulted in the death of the deceased prosecution has examined in all three eye-witnesses - Closely considering the deposition of prosecution witnesses Court found they are narrating the entire incident in a very natural and realistic manner nothing substantial has been brought out by the defence to either doubt their presence at the place of occurrence or discredit their testimony - The evidence of eye-witnesses is natural credible and reliable - The defence has pointed out certain contradiction and omissions in their evidence but they are trifle and not material to suggest false involvement of accused - However, considering the whole incident and manner in which it happened the accused appellant is entitled to benefit of Exception-1 of Section 300 of the Code - Court accordingly converted conviction of accused appellant to one under Section 304 Part I and sentenced him accordingly.
Held :
Taking into consideration all aspects of the matter, Court is clearly of the opinion that the prosecution has established through prosecution witnesses No. 3, 4, 5 and 8 the involvement of the accused in the offence beyond all reasonable doubt. In Courts opinion, the evidence of those prosecution witnesses is natural, credible and reliable. The accused being the resident of the said area, he is known to those witnesses and therefore, they knew him and they also identified him in the Court. Barring few minor discrepancies in the evidence of the above prosecution witnesses, they have remained consistent in their evidence. The so-called contradictions and omissions in their evidence as tried to suggest by the Advocate for the appellant, are too trifle and they have no reason to suggest false involvement of the accused and therefore, they are required to be ignored. In view of the discussions, Court is in total agreement with the findings recorded by the trial Judge that the accused has assaulted the deceased with knife causing serious injuries resulting in the untimely death of the deceased. [Para 16]
The aforesaid facts, it clearly appears that the deceased and his friends initially provoked the accused by bursting into guffaw at him when his scooter slipped and he fell down. The quarrel and the scuffle and may be the beating was sufficient to deprive him of the power of self-control. He, thereafter took out the knife and chased the deceased and in that process the deceased fell down near a ditch. Therefore, it became easy for the accused to assault the deceased. By that time, the accused lost all powers to think rationally or to control himself and started inflicting indiscriminate blows with the knife. He could have given just one blow on a non-vital part of the body and could have stopped. He did not do so but it appears in a bit of rage, he lost the power of self-control. Without thinking whether it is right or wrong, he gave as many as six blows and that too on vital parts like chest, abdomen etc. The aforesaid facts show that the provocation had blown directly from the victim. Under these circumstances, the appellant can be granted benefit of Exception 1 of Section 300 of IPC. [Para 17.1]
Law Laid Down :
When on provocation by victim, accused lost power of self control and inflicted repeated knife blows to victim resulting in his death, he is entitled to benefit of exception of Section 300, IPC.
Decided in Favour of :
Partly in favour of Appellant.
Appeal Partly Allowed
( 1 ) THE convict-appellant has preferred this appeal challenging the Judgment and order of conviction and sentence dated 12. 7. 1996 passed in Sessions Case No. 337/95 by the learned Addl. City Sessions Judge, ahmedabad City, convicting him for offences punishable under section 302 of IPC and under section 135 (1) of the Bombay Police act awarding sentence to suffer R. I. for life and to pay a fine of Rupees Five thousand. In default to undergo R. I. for one month for offence under section 302 of IPC and to pay fine of Rupees five hundred for the offence under Section 135 (1) of the Bombay Police act. In default, to undergo further R. I. for one month.
( 2 ) THE case of the prosecution in brief is as under: the accused was tried for committing murder of deceased Jayesh Chudasma (hereinafter referred to as the deceased ). The incident had taken place on 31. 1. 1995 at about 7 or 7. 30 p. m. on the public road near the petrol pump in the area of Naroda in the City of Ahmedabad. The deceased and his friends have decided to eat dabeli and thus they were going towards the petrol pump. There near the Popular Hotel, the accused was coming on scooter towards their side. Suddenly, they saw the accused slipping from his scooter and falling down. On seeing his, the deceased and his friends burst into guffaw, which provoked the accused. The accused showered filthy buses on them. Thereafter quarrel and scuffle took place between the accused on one side and the deceased and his friends on the other. The accused took out a knife and chased the deceased. The deceased fell down near a ditch. The accused started delivering knife blows to the deceased on his chest, abdomen etc. As many persons gathered there, the accused fled on his scooter. The deceased, in his injured condition disclosed name of the accused as the person who gave knife blows to him to the persons gathered there. The relatives of the deceased took him to hospital of Dr. Atulbhai Patel. From there he was taken to the hospital of Dr. Narendra sanghvi, who gave him primary treatment. Later he was removed to Civil Hospital where he succumbed to the injuries. It appears that Dr. Shama, the Medical Officer of Civil Hospital, informed the Naroda Police station about the incident. PSI, Sonavane of Naroda police station on the basis of the information conveyed to the said police station, went to the Civil Hospital, prepared inquest panchnama and recorded complaint of Gajubha Chudasma, father of the deceased. On the basis of the complaint, offence was registered as SIR No 46/1995 police Inspector, N G Patel took over the investigation from the PSI. Sonavane and started investigation thereafter. It appears that the investigation was taken over by Sr. P. I. Mr. R M Solanki on 5. 2. 1995. From his evidence, it appears that the accused was absconding and was arrested on 23. 8. 1995 i. e. seven Months after the incident.
( 3 ) AFTER collecting sufficient materials against the accused, charge sheet came to be filed against the him. The learned Add ). City Sessions Judge framed charge Exh. 1 against the accused for the offence punishable under section 302 of IPC and for the offence under section 135 of the Bombay police Act. The accused pleaded not guilty and claimed to be tried. In his further statement recorded under section 313 of the criminal Procedure Coder while denying the evidence led by the prosecution, he has pleaded his innocence by stating that he has neither committed any offence, nor has inflicted any blow and he has been falsely involved by the police.
( 4 ) THE learned trial Judge, after appreciating the oral as well as documentary evidence, held that the prosecution has established the charges levelled against the accused beyond reasonable doubt and therefore, passed the order of conviction and sentence as aforesaid. Hence the present appeal.
( 5 ) ME have heard Mr. K J Shethna, learned Sr. Advocate appearing for the appellant-accused and Mr. RC Kodekar, le
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