The importance of proving the contents of a panchnama and the circumstances indicating intention to cause death, as outlined in the judgment of Pulicherla Nagaraju @ Nagaraja Reddy vs State of A.P.

JUDGMENT :

SANDEEP N. BHATT, J.

1. Feeling aggrieved and dissatisfied with the judgment and order of conviction dated 15.04.2013 passed by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar, Camp at Modasa in Sessions Case No.117 of 2012 for the offence under Section 302 of the Indian Penal Code, 1860, the appellant – accused has preferred this appeal under section 374(2) of the Code of Criminal Procedure, 1973 (“the Code” for short), whereby the appellant – accused is convicted for the offence punishable under Section 302 of the Indian Penal Code and is ordered to undergo life imprisonment and fine of Rs.5,000/-, and in default of fine, is ordered to undergo further rigorous imprisonment of six months.

2. The complainant - Mayuddin Rahimbhai Kherada was residing in joint family. The family consists his parents, grand-mother, brothers, sister-in-laws, sister and their children. The dispute was between parents of the complainant. The accused is the father of the complainant - Abdulrahim Umarbhai Kherada, who is the present appellant before this Court and the deceased - Mumtazben was the mother of the complainant.

The case of the prosecution is that, on 31.07.2012 at about 20:15 hours, when all the family friends were sitting in the chowk near his house, at that time, his cousin brother viz., Saddam, son of his uncle – Yunusbhai told the complainant that there was a quarrel between your parents and your father has given Dhariya blow to his mother. Therefore, he rushed to his house. He saw that his mother was fallen down in the front portion - lobby of his house in bloodied condition. Due to Dhariya blow, she has received grievous head injuries and was bleeding.

The root cause of the incident was the quarrel between the husband and wife. The husband was not doing any job since last three months and the wife was oftenly scolded him regarding the unemployment. Thus, such incident has happened. After the incident, the appellant – accused ran away from the scene of offence along with the weapon – Dhariya. The said fact has given by the sister of the complainant viz., Nilofar.

Thus, the complainant lodged the complaint with regard to the incident before the Modasa Town Police Station, which was registered as C.R.- I No. 41 of 2012 for the offence under Section 302 of the Indian Penal Code, 1860 and Section 135 of the Bombay Police Act.

3. In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant evidence in form of medical evidence and drawn various Panchnamas and other relevant evidence for the purpose of proving the offence. After having found material against the appellant accused, charge-sheet came to be filed in the Court of learned Judicial Magistrate, First Class, Modasa. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Judge, Sabarkantha at Modasa as provided under section 209 of the Code.

4. Upon committal of the case to the Sessions Court, Modasa, learned Sessions Judge framed charge at Exh.3 against the appellant - accused for the aforesaid offence. The appellant - accused pleaded not guilty and claimed to be tried.

5. In order to bring home charge, the prosecution has examined 15 witnesses, which is mentioned in para : 6 of the impugned judgment and order and also produced various documentary evidence before the learned trial Court, which is mentioned in para 7 of the impugned judgment and order.

6. On conclusion of evidence on the part of the prosecution, the trial Court put various incriminating circumstances appearing in the evidence to the appellant - accused so as to obtain his explanation/answer as provided u/s 313 of the Code. In the further statement, the appellant - accused denied all incriminating circumstances appearing against him as false and further stated that he is innocent and false case has been filed against him. After hearing both the sides and after analysis of evidence adduced by