Back
IN THE HIGH COURT OF GUJARAT
Jayant Patel, Rajesh H. Shukla, JJ.
Ashokbhai Ranabhai Jadav - Appellant
Versus
State of Gujarat - Opponent
Criminal Appeal No. 884 of 2001
Decided On : 05-02-2009
Indian Penal Code, 1860 - Sections 302 and 324 - Present appeal is directed against the Judgment and Order passed by Sessions Judge in Sessions Case, whereby Sessions Judge has convicted the appellant-accused for the offences punishable under Sections 302 and 324 of Indian Penal Code and has imposed sentence for life imprisonment with a fine and for imprisonment of 6 months with fine respectively - Held, Accused as was identifying himself as headstrong person, and having killed one person and thereafter, having caused injury to the additional two persons, and with the circumstance that after killing, accused went to the lorry of P.W.1, and took snack of omlette shows that the accused has no sentiment whatsoever for the human life and also have no repent to the action of killing nor such killing has disturbed himself - When prosecution has been able to prove case under Section 302 of IPC for the death of deceased, any leniency cannot be shown by treating the case under Section 304 Part-II of the IPC by reducing the punishment as contended by counsel for the accused-appellant - Appeal Dismissed
JUDGMENT :
Jayant Patel, J.
The present appeal is directed against the Judgment and Order dated 27.06.2001 passed by the learned Sessions Judge in Sessions Case No.240/00, whereby the learned Sessions Judge has convicted the appellant-accused for the offences punishable under Sections 302 and 324 of the Indian Penal Code and has imposed sentence for life imprisonment with a fine of Rs. 1,000/- and for imprisonment of 6 months with the fine of Rs. 500/- respectively.
2. It appears that as per the prosecution case, on 02.12.1999, at about 10.00 to 10.30 at night, the accused with an intention to cause death of Ramsing Lalaram Pandit inflicted knife blow on his chest which was sufficient to cause death of a human being in normal circumstances. As per the prosecution, the accused also caused injuries on the various parts of the body of one another person Jitendra Jaichandbhai Jain on the same day and as the accused was having a dangerous knife, he also committed offence under Section 135 of Bombay Police Act by committing breach of the Notification issued by the Police Commissioner for such purpose.
3. In support of the prosecution case, the following witnesses have been examined:
| P.W. No. | Name | Exh. |
| 1. | Complainant Nanusing Padamsing Solanki | 8 |
| 2. | Injured Jitendra Jaychandbhai Jain | 10 |
| 3. | Rajesh Rampadarath Yadav | 11 |
| 4. | Omprakash Asharam | 12 |
| 5. | Kailashkumar Baidhnath Karvariya | 14 |
| 6. | Maheshbhai Laluprasad Varma | 16 |
| 7. | Dineshbhai Lakhaji Thakor (hostile) | 18 |
| 10. | Dr. Soneshkumar Bhagwandas Lalwani | 29 |
| 11. | Dahyabhai Khemabhai Solanki (hostile) | 31 |
| 12. | Bipinbhai Gopalbhai Gadhvi | 12 |
| 13. | Kamlesh Lalsingh | 35 |
| 14. | Sukhdevsinh Sadasinh Chudasama (P.I.) | 37 |
The following documents have been produced in support of the prosecution case:
| Sr. No. | Particulars | Exh. |
| 1. | Complaint of Nanusingh Padamsing Solanki | 9 |
| 2. | Inquest Panchnama of dead body of deceased Ramsing Lalaram | 19 |
| 3. | Panchnama of place of offence | 38 |
| 4. | Panchnama of physical condition and cloths seized of the accused. | 17 |
| 5. | Panchnama of the pant seized of deceased Ramsing Lalaram. | 36 |
| 6. | Panchnama of other cloths seized of the deceased. | 15 |
| 7. | Panchnama of seized cloths of injured Jitendrabhai. | 39 |
| 8. | Recovery panchama of the knife of the accused. | 13 |
| 9. | Medical Certificate of the injuries of Ramsing Lalaram. | 22 |
| 10. | Medical Certificate of the injuries of Mohan @ Mogan. | 30 |
| 11. | Medical Certificate of the injuries of Jitendra. | 23 |
| 12. | Post Mortem report of the dead body of the deceased. | 25 |
| 13. | Acknowledgment of forwarding note of the Muddamal sent to FSL. | 40 |
| 14. | Receipt of FSL | 41 |
| 15. | Report of FSL | 42 |
4. The learned Sessions Judge, thereafter has recorded the statement under Section 313 of the CRPC, wherein the accused has denied the accusation as well as the evidence against him. The learned Sessions Judge, after appreciating the evidence on record and after considering the submissions made by both the sides, has found that the prosecution has been able to prove beyond reasonable doubt that the accused has committed offence under Sections 302 and 324 of IPC. The learned Judge therefore, has convicted the accused for both the aforesaid offences, but has acquitted the accused for the offence under Section 135(1) of the Bombay Police Act. The learned Sessions Judge, thereafter, has also heard the accused on the aspects of punishment and ultimately, has sentenced the accused for life imprisonment with the fine of Rs. 1,000/- for the offence under Section 302 of the IPC and has also imposed sentence for 6 months with a fine of Rs. 500/- for the offence under Section 324 of IPC. It is under these circumstances, the present
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
