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GUJARAT HIGH COURT
Hon’ble Mr. Justice K.S. Jhaveri & Hon’ble Mr. Justice K.J. Thaker
Thakore Govaji Mafaji
Versus
The State of Gujarat
Criminal Appeal No. 223 of 2007—Decided on 19/06/2013
Held :
Having gone through the entire evidence oral as well as documentary, Court is unable to persuade ourselves that it is a clear case of acquittal and the reason for the same is that the complaint was given by the father of the deceased No. 1 and husband of deceased No. 2. In our view, the reasonings given by the learned trial Judge are such which cannot be upturned. The learned trial Judge in Paras-20 and 21 of the judgment, has held that the circumstantial evidence complete the chain and the chain is so foolproof the reason being that there are blood marks on the clothes of the accused which are of the deceased. The deceased were mother and daughter, and therefore, the blood group would be the same, which is ‘A’- positive which are found on the shirt of the accused. [Para 9]
The injuries are matching with the weapon which is seized from the place of the offence. Court is unable to convince ourselves to take a different view then that is taken by the learned trial Judge. There is no probability also which would permit us to give benefit of doubt to the appellant. [Para 9]
Court is in complete agreement with the findings, ultimate conclusion and resultant order of conviction and sentence passed by the trial Court and Court is of the view that no other conclusion except the one reached by the trial Court is possible in the instant case as the evidence on record stands. Therefore, there is no valid reason or justifiable ground to interfere with the impugned judgment and order of conviction and sentence. [Para 10]
Law Laid Down :
When circumstantial evidence complete the chain and the chain is fool proof there is no possibility of giving benefit of doubt to accused.
K.J. Thaker, J.—The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 23.11.2006 passed by the learned Addl. Sessions Judge, Mehsana in Sessions Case No. 107/2006, whereby, the learned trial Judge has convicted the appellant under sec. 302 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/- in default, to undergo further S/I for one month. The appellant is also convicted under sec. 135 of the B.P. Act and sentenced to undergo S/I for one month and to pay a fine of Rs 100/-, in default, to undergo further S/I for seven days, which is impugned in this appeal.
2.1 The brief facts of the prosecution case is that the appellant wanted to have relation with Sonal, daughter of complainant Jenaji Bhikhaji Thakor, residing in the sim of village Longhnaj, but she refused to it and in the meantime, she got married. Thereafter, on 13.3.2006, at about 9.30 am in the morning, Kamuben wife of the complainant, his daughter Sonal and son went for shopping to village Longhnaj and when they were coming back at about 10.30 am, at that time, the appellant inflicted knife blows on Kamuben and Sonal on their vital organs of the bodies and caused serious injuries to them and both succumbed to the injuries. Thereafter the complaint was filed.
2.2 The appellant accused came to be arraigned for committing the murder and after the investigation was complete, the charge-sheet was laid against the present appellant. 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. 107/2006.
2.3 Thereafter, the Sessions Court framed the charge below Exh. 3 against the appellants for commission of the offence under section 302 of IPC read with sec. 135 of BP Act. The appellant -accused has pleaded not guilty and claimed to be tried.
2.4 To prove the case against the present appellant, the prosecution has examined the following witnesses:
1. PW-1 Sumanbhai Shivabhai Raval Ex. 6
2. PW-2 Jenaji Bhikhaji Thakor Ex. 11
3. PW-3 Govindji Jenaji Thakor Ex. 14
4. PW-4 Valaji Harchandji Thakor Ex. 15
5. PW-5 Narendra @ Manubhai Gandabhai Patel Ex.16
6. PW-6 Dashrathbhai Baldevdas Patel Ex. 18
7. PW-7 Bharatsinh Jaydevsinh Zala Ex. 20
8. PW-8 Keshabhai Punjabhai Patel Ex. 22
9. PW-9 Mukeshkumar Bachubhai Vyas Ex. 28
10. PW-10 Kaushik Chandrakantbhai Zala Ex. 40
2.5 The prosecution also relied upon the following documentary evidences so as to bring home the charges against the appellant-accused.
1. Panchnama of scene of offence place Ex. 7
2. Inquest panchnama Ex. 8
3. Panchnama of shirt of accused Ex. 9
4. Panchnama u/s. 27 Ex. 10
5. original complaint Ex. 12
6. Recovery panchnama of clothes of deadbody Ex.13
7. Map Ex. 19
8. Depute order Ex. 21
9. Report for offence Ex. 23
10. FSL Report Ex. 24
11. PM report Ex. 25-26
12. Letter addressed to Circle Inspector Ex. 27
13. Letter for statement under Section 164 of CrPC Ex.29
14. O/c of letter written to child witness Ex.31
15. Despatch nondh of muddamal Ex. 32
16. Receipt of FSL Ex.33
17. Letter of FSL Ex. 34
18. Report of FSL Ex. 35
19. Serological report Ex. 36
20. Notification Ex. 37
21. Case papers of CR No.I-25/06 of Langhnaj Ex.38.
3. Thereafter, after examining the witnesses, further statement of the appellant-accused under sec. 313 of CrPC was recorded in which the appellant-accused has denied the case of the prosecution.
4. After considering the oral as well as documentary evidence and after hearing the parties, learned trial Judge vide impugned judgment and order dated 23.11.2006 held the present appellant- original accused guilty of the charge levelled against him under sec. 302 of IPC and under section 135 of B.P. Act and convicted and sentenced the appellant-accused, as stated above.
5. We have heard learned advocate Mr. B.L. Trivedi for the present appellant and Ms C.M. Shah learned APP for the respond
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