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2015 Supreme(Guj) 923
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.R. Shah and Kaushal Jayendra Thaker, JJ.
Thakore Laxmansing Halsing and Ors. – Appellant
Vs.
State of Gujarat - Respondent
Criminal Appeal Nos. 1012 of 1993 and 949 of 1994
Decided On : 11.12.2015
Advocate Appeared:
For Appellant :N.K. Majmudar, Advocate
For Respondents: H.K. Patel, Addl. Public Prosecutor
The main legal point established in the judgment is the importance of establishing a complete chain of events and the admissibility of evidence in proving the guilt of the accused for the offences under the Indian Penal Code.
Headnote:
Indian Penal Code - Conviction under section 392 - 302, 396 and 397 - [MURDER, DACOITY, CRIMINAL APPEAL] - [Sections 392, 302, 396, 397] - The court discussed the prosecution's case, evidence, and the defense's statements. The court found the accused guilty of the offences punishable under sections 302 and 396 of the IPC and sentenced them to undergo life imprisonment. The court dismissed the appeal against the conviction under section 392 of the IPC.
Fact of the Case:
The case involved the murder of a jeep driver and the subsequent arrest and trial of the accused for various offences under the Indian Penal Code. The prosecution presented evidence including witness testimonies and documentary evidence. The accused provided their defense statements.
Finding of the Court:
The court found the accused guilty of the offences punishable under sections 302 and 396 of the IPC based on the evidence presented by the prosecution. The court dismissed the appeal against the conviction under section 392 of the IPC.
Issues: The main issues revolved around the guilt of the accused for the murder and dacoity, the admissibility of evidence, and the sufficiency of the prosecution's case to establish the guilt of the accused.
Ratio Decidendi: The court held that the prosecution successfully established the complete chain of events and the guilt of the accused for the murder and dacoity based on the evidence presented. The court also emphasized the importance of motive and the admissibility of evidence in reaching its decision.
Final Decision: The court convicted the accused for the offences punishable under sections 302 and 396 of the IPC and sentenced them to undergo life imprisonment. The court dismissed the appeal against the conviction under section 392 of the IPC.
M.R. Shah, J.
1.0. As both these appeals arise out of the impugned judgment and order passed by the learned Additional Sessions Judge, Banaskantha, at Palanpur in Sessions Case Nos. 107/1990 with 143/1990, both these appeals are decided and disposed of by the common judgment and order.
2.0. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 21.08.1993 passed by the learned Additional Sessions Judge, Banaskantha, at Palanpur (hereinafter referred to as "learned trial Court") in Sessions Case Nos. 107/1990 with 143/1990 by which the learned trial Court has convicted the original accused Nos. 1, 2, 3 and 5 for the offence punishable under section 392 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and has sentenced to undergo 10 years' RI with fine of Rs. 5000/- and in default to undergo further 3 months' SI, the original accused Nos. 1, 2, 3 and 5 have preferred the Criminal Appeal No. 1012/1993.
2.1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned trial Court in Sessions Case Nos. 107/1990 and 143/1990 by which the learned trial Court has acquitted the respondents herein - original accused Nos. 1, 2, 3 and 5 for the offence punishable under sections 302, 395 and 397 of the IPC, the State has preferred the Criminal Appeal No. 949/1994.
3.0. The prosecution case in nut-shell is as under:
3.1. That on 01.03.1998, one Vitthalbhai Kachrabhai Barot of Gadh Police Station of Palanpur Taluka lodged a complaint/FIR that his son Bharatbhai was driving one Jeep No. GJ-08-114 has been murdered and his dead body is lying in the field of one Nizamkhan at village Dangiya on Dantiwada road. According to the case of the prosecution the deceased Bharatbhai was plying his jeep as a taxi and was taking passengers at various places and his dead body was found at village Dangiya in the field of one Nizamkhan and the said Nizamkhan informed the police about the same. That the police started investigation and started recording the statements of several witnesses.
3.2. As per the case of the prosecution, on 02.03.1990, in early morning at Ahmedabad near Chharanagar, PSI Shri Chaudhary of Sardarnagar Police Station saw one Jeep coming in speed and he tried to stop the same. The jeep speed away and was stopped at some distance and from there four persons who were in the jeep, ran away. The police chased them and found original accused No. 1 trying to run away from the jeep and he was arrested on the spot and interrogated. According to the prosecution case subsequently the police of Gadh Police Station came to know about the same and therefore, they came down to Ahmedabad. During interrogation of original accused No. 1, names of four other co-accused were revealed to the effect that they were also traveling in the same jeep. Therefore, Gadh Police Station arrested original accused No. 1 and started investigation in respect of other co-accused. That the original accused No. 1 - Laxmansingh was taken on remand. That original accused No. 2 came to be arrested on 07.03.1990 in connection with another case and thereafter he came to be arrested in connection with the present offence. The Investigating Officers started investigation, prepared the panchnama of the tyres of the jeep etc. One knife used in committing the offence came to be discovered/recovered at the instance of original accused No. 2 - Pravinsingh from one Nala near Gujarat Hotel, Siddhpur on 10.03.1990. The Investigating Officer prepared the panchnama of the recovery/discovery of the knife used in committing the offence which was having blood stains. That thereafter other two accused came to be arrested. The clothes of the accused Umedsingh came to be discovered at the instance of Umedsingh from the house of one Kanji Chhara (Chharanagar, Ahmedabad). The said clothes/pants were also having blood stain
