SARVANBHAI MOTIBHAI BAVRI vs STATE OF GUJARAT - 2022 Supreme(Online)(Guj) 14396

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(Guj) 14396

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 681 of 2013 FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI Sd/-
and HONOURABLE DR. JUSTICE A. P. THAKER Sd/-
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1 Whether Reporters of Local Papers may be allowed No

1 Whether Reporters of Local Papers may be allowed to see the judgment ? No
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy of the judgment ? No
4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ? No
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SARVANBHAI MOTIBHAI BAVRI Versus STATE OF GUJARAT ================================================================
Appearance:
MR VIJAY PATEL for HL PATEL ADVOCATES(2034) for the Appellant No. 1 MR HARDIK SONI, APP for the Opponent(s)/Respondent(s) No. 1 ================================================================
CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI and HONOURABLE DR. JUSTICE A. P. THAKER Date : 15/09/2022

1	Whether Reporters of Local Papers may be allowed to see the judgment ?	No
2	To be referred to the Reporter or not ?	No
3	Whether their Lordships wish to see the fair copy of the judgment ?	No
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	No

ORAL JUDGMENT

(PER : HONOURABLE DR. JUSTICE A. P. THAKER)

1. By filing this appeal, the appellants have prayed to set aside judgment and order dated 18.02.2013 passed by learned Sessions Judge, Panchmahals @ Godhra in Sessions Case No.

130 of 2011, whereby the appellant is convicted for offence under Section 302 of the Indian Penal Code. The appellant was sentenced to life imprisonment for the offence under Section 302 of IPC and to pay Rs.5,000/- fine, in default to suffer simple imprisonment for three months. Offence under Section 135 of the Bombay Police Act is not proved against the appellant. Feeling aggrieved by the impugned judgment, the accused has preferred present appeal before this Court.

2. Facts of the prosecution case are as under :-

2.1 The complainant Rekhaben Kishanbhai Bavri filed one complaint on 01-06-2011 before Godhra Town A Division police station vide I C.R. No.104/11 against the present accused, who is the brother of the complainant, inter-alia stating therein that her husband has been killed by the present accused. It is stated that on 01-06-2011 at about 6:00 p.m., when the complainant was at her house, at relevant time, her brother i.e. present accused was quarreling with his wife and the accused Sharvanbhai told his wife that why ‘rotla’ has not been prepared. After sometime, the complainant’s husband Kishanbhai told the present accused that why do you quarrel with my sister Laxmi. At the relevant time, the accused got enraged and altercation took place and the accused inflicted the blow of knife on the neck of the deceased who was profusely bleeding. The persons from vicinity assembled there. The accused also sustained simple injury and complainant’s brother-in-law Bhuriyo came with rickshaw and brought the deceased in the rickshaw to Government Hospital, where the doctor declared him dead, therefore, this complaint is filed.

2.2 Upon filing of complaint, investigation was started. The accused came to be arrested on 02-06-2011. Statements of various persons were recorded, panchnamas were drawn and muddamal article was also collected and sent to the F.S.L. After completion of the investigation, the charge-sheet was filed before learned Chief Judicial Magistrate, Godhra, on 06- 08-2011 under the aforesaid offences. As the case was exclusively triable by the Sessions Court, after verifying that the accused have received police papers, learned Magistrate has committed the case under Section 209 of Criminal Procedure Code to the Sessions Court, where it was registered as Sessions Case No.130 of 2011. Since there was material against the accused, the charge was framed against the accused for offences under Section 302 of IPC and Section 135 of the Bombay Police Act and plea of accused was recorded, wherein he has denied commission of crime and pleaded for trial.

2.3 During the course of the trial, following witnesses have been examined.

No.	Name	Exh.
P.W. 1	Rekhaben Kishanbhai Bavri	6
P.W. 2	Govindbhai @ Bhuriyo Babubhai Bavri	9
P.W. 3	Hiruben Judibhai Bavri	10
P.W. 4	Rathod Parshottambhai Ganeshbhai	14
P.W. 5	Dr. Anil Ratansinh Makwana	19
P.W. 6	Hasmukhbhai Hirabhai Parmar (hostile)	22
P.W. 7	Chandrakant Jamandas Meghvani (hostile)	24

P.W. 8	Jankiben Parsottambhai Bavri (hostile)	25
P.W. 9	Radhaben Jugnubhai Bavri (hostile)	26
P.W. 10 Kaliben Natvarbhai Bavri (hostile)		27
P.W. 11 Shantaben Haribhai Bavri (hostile)		28
P.W. 12 Parvatiben Karanbhai Bavri		29
P.W. 13 Birjubhai Babubhai Bavri (hostile)		30
P.W. 14 Dhupdiben Udesinh Bavri (hostile)		31
P.W. 15 Ravikumar	Ghanshyambhai Solanki (hostile)	34
P.W. 16 Firoz Munir Shaikh (hostile)		38
P.W. 17 Imtiyaz Iqbal Mansuri (recovery panch)		40
P.W. 18 Dalsukhbhai Motibhai Pargi		41
P.W. 19 Maheshbhai Morarbhai Patel		51

2.4 Following documents are also produced on record by the prosecution.

Sr. No.	Document	Exh.
1	Complaint.	7
2	Inquest panchnama.	8
3	Panchnama of place of offence.	35
4	Panchnama of

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