Back
2014 Supreme(Guj) 106
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MR. BHASKAR BHATTACHARYA and J.B.PARDIWALA, JJ.
CHAMPABEN D/O CHELABHAI GAMJIBHAI PATNI (VAGHRI) - Appellant(s)
Versus
STATE OF GUJARAT - Opponent(s)/Respondent(s)
CRIMINAL APPEAL NO. 812 of 2007
With
CRIMINAL APPEAL NO. 864 of 2006
Decided On : 26/03/2014
MR PRATIK B BAROT, ADVOCATE for the Appellant.
MR EKANT G.AHUJA, ADVOCATE for the Appellant.
MS CHETANA M.SHAH, APP for the Opponent(s)/Respondent(s) No. 1
Headnote:
Indian Penal Code, 1860 – Sections 114, 302, 317 – Appeals arise from a selfsame judgment and order passed by Additional Sessions Judge, in Sessions Case, those were heard analogously and are being disposed of by this common judgment and order–Held, accused is not to be convicted unless the circumstances propounded by the prosecution are clearly established through strong evidence and such circumstances form a complete chain without leaving any gap which may allow any hypothesis of innocence of the accused to creep-in is beyond any dispute –Trial Court committed no error in finding both accused appellants guilty of the offence of murder punishable under Section 302 read with Section 114 of the Indian Penal Code and of the offence punishable under Section 317 read with Section 114 of the Indian Penal Code – Appeal Dismissed
JUDGMENT
(J.B.PARDIWALA, J.)
As both the captioned appeals arise from a selfsame judgment and order passed by the learned Additional Sessions Judge, 4th Fast Track Court, Patan, dated 27th March 2006 in Sessions Case No.45 of 2005, those were heard analogously and are being disposed of by this common judgment and order.
2. The Criminal Appeal No.812 of 2007 is at the instance of Patani (Vaghari) Champaben, daughter of Chelabhai Gamjibhai, a convict accused of the offence punishable under Sections 302, 317 read with Section 114 of the Indian Penal Code and is directed against an order of conviction and sentence dated 27th March 2006 passed by the learned Additional Sessions Judge, 4th Fast Track Court, Patan, in Sessions Case No.45 of 2005.
3. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 read with Section 114 of the Indian Penal Code and consequently sentenced her to suffer life imprisonment and a fine of Rs.5,000=00. In default of payment of fine, the appellant was directed to undergo further rigorous imprisonment for two years.
4. The learned Additional Sessions Judge also found the appellant guilty of the offence punishable under Section 317 read with Section 114 of the Indian Penal Code and consequently sentenced her to suffer rigorous imprisonment for seven years and a fine of Rs.5,000=00. In default of payment of fine, the appellant was directed to undergo further rigorous imprisonment for two years.
5. The Criminal Appeal No.864 of 2006 is at the instance of Sathwara Bharatkumar Mohanlal, a convict co-accused of the offence punishable under Sections 302, 317 read with Section 114 of the Indian Penal Code and is directed against an order of conviction and sentence dated 27th March 2006 passed by the learned Additional Sessions Judge, 4th Fast Track Court, Patan, in Sessions Case No.45 of 2005.
6. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 read with Section 114 of the Indian Penal Code and consequently sentenced him to suffer life imprisonment and a fine of Rs.5,000=00. In default of payment of fine, the appellant was directed to undergo further rigorous imprisonment for two years.
7. The learned Additional Sessions Judge also found the appellant guilty of the offence punishable under Section 317 read with Section 114 of the Indian Penal Code and consequently sentenced him to suffer rigorous imprisonment for seven years and a fine of Rs.5,000=00 with a further stipulation that in default of payment of fine, the appellant shall undergo further rigorous imprisonment for two years.
I. Case of the Prosecution :
8. The appellants were working together as labourers. They developed intimacy for each other, and on account of physical relations, the original accused no.1 Champaben conceived and delivered a baby boy on 7th April 2005 at the Ronak Maternity Hospital situated at Patan. Both the accused persons, with the intention to conceal the birth of an illegitimate child, threw away the infant in a well. Due to the injuries sustained by the new born infant in the head, the infant died at the Patan Civil Hospital on the next day i.e. on 8th April 2005. In such circumstances, it is the case of the prosecution that both the accused persons, with the intention to wholly abandon the infant, threw away the infant in a well, thereby committing an offence punishable under Section 317 read with Section 114 of the Indian Penal Code. It is also the case of the prosecution that both the accused persons are guilty of the offence of murder of the infant punishable under Section 302 of the Indian Penal Code.
9. It appears from the materials on record that on 8th April 2005, the PW1 Mafabhai Jivabhai, working with Odhava Gram Panchayat as a Bore Operator, lodged an FI
