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2012 Supreme(Guj) 413
IN THE HIGH COURT OF GUJARAT
Hon’ble Mr. Chief Justice Bhaskar Bhattacharya & Hon’ble Mr. Justice J.B. Pardiwala
Chotubhai Bhanabhai Vasava
Versus
The State of Gujarat
Criminal Appeal No. 2104 of 2006—Decided on 30.08.2012
Appearance :
Mrs. Nisha M. Parikh, for the Appellant.
Mr. K.P. Rawal, Addl. Public Prosecutor, for the Respondent.
Point in Issue :
Whether in the facts and circumstances of the case conviction of appellant for murder of deceases sustainable.
Headnote:[Indian] Penal Code, 1860 (Central Act 45 of 1860) — Section 302 — Murder — Conviction — Appeal against — Scope of — Considering the entire evidence on record Court found that prosecution has proved the case of murder against appellant beyond reasonable doubt — The eye witnesses in the case have consistently stated that accused inflicted blows with axe on the deceased resulting in her death — Out of the two eye witnesses one was none else that his own daughter of appellant and there appears no reason to disbelieve her statement — Medical evidence of P.W. 2 is also corroborative to the evidence of eye witnesses — In view of the injuries found on the body of deceased it clearly suggest that appellant acted in a cruel manner therefore case does not come within the exceptions of Section 300, IPC — Court held appeal devoid of any force and has not merits.
Held :
After going through the materials on record, Court find that PW. 2., Dr. Dilipkumar Karshanbhai Parmar, the Doctor who conducted post mortem of the dead-body of the deceased has stated in his deposition that, the injuries inflicted on the body of the deceased can be inflicted with a sharp edged weapon and were sufficient in the ordinary course of nature to cause death. He has further deposed that the injuries sustained by the deceased can be inflicted with the muddamal article No. 3, the axe, which was shown to him. [Para 8]
Court has ourselves gone through the entire evidence on record, and are fully satisfied that in this case, there was no provocation on the part of the deceased, and the accused of his own had inflicted axe blows upon his brother’s wife who was utterly helpless. The nature of injury clearly indicates that the appellant has acted in a cruel manner and as such, the case does not come within the exceptions of Section 300 of the Indian Penal Code. [Para 14]
Court find that the prosecution has proved the case of murder beyond reasonable doubt by production of two eyewitnesses, of which one was none else than the own daughter of the appellant and we do not find any reason to disbelieve such evidence.
[Para 15]
Law Laid Down :
Where nature of injuries indicates that accused has acted in cruel manner in committing murder of the deceased case not be held covered within the exceptions of Section 300, IPC.
Bhaskar Bhattacharya, CJ.—This appeal is at the instance of a convicted person and is directed against an order of conviction and sentence dated 17th October, 2006 passed by the learned Sessions Judge, Narmada, at Rajpipla, in Sessions Case No. 23 of 2006 and thereby holding that the appellant was guilty of the offence punishable under Section 302 of the Indian Penal Code and imposing sentence of life imprisonment and a further fine of Rs.5000/-, with an additional stipulation that in default of payment of such fine, the convict would undergo further simple imprisonment for one year.
2. The translated version of the charges framed against the appellant are as under:
“On 2.5.2006 at about 12.00 hours or during that time, you, the accused Chhotubhai Bhanabhai Vasava, who happened to be the elder brother-in-law of the deceased, Ramilaben, the wife of Naranbhai Bhanabhai Vasava, had in your residential house at village Gamkuva Taluka Nandod, District Narmada quarreled with the deceased on the issue of Tadi [local liquor] as you were all residing together and in spite of being very well conversant with the fact that small axe is a deadly weapon and if one is attacked with it, it can cause injuries resulting in death of such person, with the intention of committing murder of the deceased Ramilaben Naranbhai Vasava had attacked her on the left side of her neck and on the other parts of the body with the deadly weapon and thereby had caused her death and after committing her murder, has run away from the spot of offence and thereby you have committed offences punishable under the provisions of Sec. 302 of the Indian Penal Code.”
3. The case made out by the prosecution may be summed up thus:
3.1 Ranjit Mariappa Vasava has lodged a complaint at Rajpipla Police Station on 2nd May, 2006 to the effect that the he was residing at Village Gamkuva, Taluka Nandod, District Narmada with his wife, children, brother Narendra and sister Darshanaben and he earned his livelihood by doing agricultural labour work. When his mother, Ramilaben, had gone for agricultural labour work at Vadodara, she fell in love with his father and married him and in the said wedlock, three children were born, i.e., the complainant, his brother and a sister. The complainant was the eldest one, and his brother and sister being young were unmarried and staying with him. His father died about 10 years ago, and thereafter, his mother, Ramilaben along with the complainant, his brother and sister came to village Gamkuva. Thereafter, his mother, Ramilaben, contracted a second marriage about six years ago with one Naranbhai Bhanabhai Vasava, who at that time was unmarried, and they both were living together. The complainant, his family, his brother and sister were living separately.
3.2 On 2nd May, 2006, the complainant had gone to Khakripara Vaga area in the vicinity of their village to graze his cattle and at about 12 O’clock, one Harnishbhai Bachalbhai Vasava, who is a resident of their village and who happens to be his friend, came to him and informed him that Chotubhai Bhanabhai Vasava had inflicted axe blows on Ramilaben, as a result of which, she died. After coming to know of such incident, he requested Harnish to take care of his cattle, came to his house and found that his mother was lying on the land adjoining to the house, with a deep cut on the left side of her neck from which blood was oozing out. At that time, Vasantaben, a daughter of Chhotubhai Bhanabhai Vasava, and her grandmother Iriben, sat near the dead-body of his mother and upon inquiring, they told that Naranbhai had gone for labour work and Ramilaben and all of them, were present in the house, and at about 12 O’clock, Chhotubhai Bhanabhai Vasava came back to the house and started quarrelling by alleging that somebody had drunk his tadi. Ramilaben told him not to quarrel and at that time, he started giving fist and kick blows to Ramilaben and when they intervened to rescue her, Chotubhai came with an ax
