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2015 Supreme(Guj) 910
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
K.S. Jhaveri, R.P. Dholaria, JJ.
Patel Bharatbhai Mafatlal and Ors. - Appellants
Vs.
State of Gujarat - Respondent
Criminal Appeal Nos. 1501 and 1768 of 2010
Decided On: 08.12.2015
Advocate Appeared:
For the Appellants: N.D. Nanavaty
For the Respondent: C.M. Shah, APP
The main legal point established in the judgment is the court's power to review and re-evaluate evidence in an appeal against acquittal, and the application of legal principles to determine the appropriate offense and sentencing.
Headnote:
IPC - Conviction under Section 302 r/w. 34 - Summary of Acts and Sections: Indian Penal Code, 1860 - Section 302, Section 201, Section 304(I) - The court discussed the evidence and legal principles related to conviction under Section 302 r/w. 34 of the IPC, the principles governing appeal against acquittal, and the power of the appellate court to review and re-evaluate evidence.
Fact of the Case:
The case involved a family dispute over property, resulting in the death of two family members. The accused were convicted under Section 302 r/w. 34 of the IPC, while two other accused were acquitted. The prosecution presented oral and documentary evidence to support the charges.
Finding of the Court:
The court found that the incident had occurred and the death of the deceased was homicidal. However, it accepted the defense's argument that the incident was a result of a family dispute and reduced the offense to Section 304(I) of the IPC for the accused Nos. 1 and 2. The appeal against the acquittal of accused Nos. 3 and 4 was dismissed.
Issues: The main issues revolved around the nature of the incident, the credibility of witnesses, and the appropriate legal provisions for the offense.
Ratio Decidendi: The court's decision was influenced by the evidence of the witnesses, the nature of the incident, and the legal principles governing the appeal against acquittal. It re-evaluated the evidence and applied the principles to reach its decision.
Final Decision: The court modified the conviction for accused Nos. 1 and 2 to Section 304(I) of the IPC and sentenced them to ten years' rigorous imprisonment. The appeal against the acquittal of accused Nos. 3 and 4 was dismissed.
K.S. Jhaveri, J.
1. Present appeals are directed against the judgment and order dated 29/07/2010 passed by the learned Additional Sessions Judge and Presiding Officer, 3rd Fast Track Court, Mahesana, Camp: Visnagar in Sessions Case No. 82 of 2009, whereby, the original accused Nos. 1 and 2 came to be convicted for the offence punishable under Section 302 r/w. 34 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced to undergo life imprisonment and a fine of Rs. 3,000/- each and in default of payment of fine, to undergo further imprisonment for three months, whereas, the original accused Nos. 3 and 4 came to be acquitted of the charges levelled against them. Accordingly, Criminal Appeal No. 1501 of 2010 has been filed by the accused Nos. 1 and 2 against conviction whereas, Criminal Appeal No. 1768 of 2010 has been filed by the State against acquittal of the original accused Nos. 3 and 4.
2. Brief facts of the prosecution case are that on 14/05/2009 at about 21:00 hours at the residence of complainant - Urmilaben w/o. Ajitkumar Jayantilal situated near Fateho Darwaja in Visnagar town, the accused persons, belonging to the same family and having grievance as to the family property, for getting the said property partitioned, accused No. 1 - Bharatbhai Mafatlal Patel called the deceased at home and quarrelled and thereafter, assaulted Jayantibhai Patel, the father-in-law of the complainant, with iron road (kaus) so also Ajitkumar, the husband of the complainant. Moreover, Jaiminkumar @ Pintu Jayantilal Patel, the accused No. 2 also assaulted them with knife and thereby, they caused their death. Moreover, the accused Nos. 3 and 4, the wives of the accused Nos. 1 and 2 respectively, tried to destroy the evidence by removing the blood stains and thereby, they aided and abetted the offence. Thus, the accused committed the alleged offence punishable under Sections 302, 201 r/w. 34 of the IPC, for which, a complaint came to be lodged against them.
2.1 Pursuant to the complaint, investigation was carried out. After investigation, charge-sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Sessions Court, Mahesana, camp at Visnagar.
2.2 The trial Court framed charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution produced oral as well as documentary evidence.
2.3 In order to bring home the charge against the original accused, the prosecution has examined following witnesses and also produced several documentary evidence, as under:-
ORAL EVIDENCE
Sr. No.
Name of witness
Exh.
1
Dr. Jigneshkumar Rameshchandra
9
2
Urmilaben Ajitkumar, the complainant
14
3
Vishnubhai Mafatlal Patel
16
4
Jayaben Vishnubhai Patel
17
5
Dahyabhai Dhagubhai Patel
19
6
Pravinkumar Shankarlal Patel
25
7
Shankarlal Maganlal Patel
26
8
Dashrathlal Shankarlal, PSO
29
9
Kantibhai Rupjibhai Asari, PSI
31
10
Manojbhai Khimjibhai Limbat, PSI
33
11
Dineshkumar Ganpatram Suthar, Circle Officer
40
12
Jagatsinh Kachraji Rathod, PI
45
DOCUMENTARY EVIDENCE
Sr. No.
Document
Exh.
1
Yadi to PI, Visnagar for registering offence
34
2
Complaint
15
3
Depute Order
30
4
Crime Report
35
5
Yadi to Executive Magistrate
36
6
Inquest Panchnama
26
7
Note of Death Report of Ajitkumar by police
37
8
Note of death report of Jayantilal by police
38
9
Panchnama of place of offence
20
10
Panchmama of clothes of deceased Ajitkumar
46
11
Panchnama of arrest, physical condition and discovery of weapons of the accused
47
12
Report of Mobile FSL Scientific Officer
48
