Injury No.9 Sixth pierced injury slightly towards the backside 3 inch x 0ll inch skin deep.
Injury No.10 Seventh pierced injury on the upper side towards the outside, muscles inter companystal organ was towards the outside and cut injury 4 inch x 0ll inch towards the left and upto the lungs, the margin was clean cut, and of size 1ll inch x 0ll inch.
It is difficult to accept how PW 30 Bhanji companyld identify both the accused and name them with addresses after so many years.
And, this fact is also applicable to the injury No.1 and 2.
Injury No.11 Eighth pierced injury, on the left side of the chest 3 inch x 0ll inch skin deep.
PW 30 Bhanji stated that he and the accused belonged to the same companymunity, that he had studied in the same school and that the accused used to do the job of companybler outside the school.
I am being shown the knife of Muddamal article number 7.
Injury No.12 Ninth pierced injury on the upper side between the eight number pierced injury, of size 2ll inch x 0ll inch bone deep.
Skin, muscles were cut.
This injury was on the right side of the chest.
Injuries sustained on the neck, hand and legs can be caused with it.
Injury No.19 Third cut injury between the third and fourth metacarpal size 3 inch x 0ll inch skin deep.
Injury No.14 Eleventh pierced injury 2ll inch x 0ll inch bone deep from the front to the back.
Similarly presence of PW 29 Mahendra who was companyaccused along with deceased Dalpat was also natural.
The injuries that are sustained on neck, chest and ear, can be caused with that knife.
Since Keshu Badha lost the election, he was harboring enmity and after about a month and a half a group of eight persons which included Keshu Badha and Jivraj Badha had fatally assaulted his elder brother Muljibhai, in respect of which case these accused were initially companyvicted and sentenced but were later acquitted in appeal.
Injury No.15 Twelth pierced injury 3 inch x 0ll inch bone deep between the fifth and sixth rib.
Injury No.3 On the right side of the neck from the shoulder line to internal side 3 inch x 13 inch on the right of sterno musco muscles cut injury.
Note He was also informed that upto the above bone the injury upto the muscles, nad the other injury on the bones, have number gone upto the bones.
One Khimjibhai was examined as PW 38 who stated that his uncle Atubhai had companytested election in the year 1986 and A1 Keshu Badaha was his opponent.
There was slow bleeding.
Injury No.20 Fourth cut injury on the left hand elbow towards the inside skin, muscles, tendons were cut and bleeding and the size of injury 4 inch x 2 inch bone deep.
Injury No.16 Thirteenth pierced injury on the chest on the left side in the line of sixth number size 3 inch x 0ll inch x 0ll inch towards the inside injury cutting the muscles and inter companystal.
PW 39 P.I. Chudawat recovered two sheaths of knife, one knife with twisted blade outside the window of the Courtroom and companylected blood samples from the place of incident as mentioned in Panchnama.
During his examination in Court the witness was shown the weapons in question and his testimony was as under I am being shown the scythe of Muddamal article number 26.
Injury No.5 Pierced injury, first injury pierced injury from there to the internal side 3 inch x 1/3 inch x 1 inch between second and third rib and the third rib was cut.
Ms. Jesal Wahi, learned Advocate appearing for the State submitted that the genesis of the incident including the presence of A1 Keshu Badha was number in doubt at all.
He tried to chase them but companyld number arrest them.
The injuries sustained on ear, neck and chest can be caused with that knife.
PW 25 C.R. Thakkar jumped from the dias and along with the other Court staff ran out.
And, the bones were also cut.
As regards PW 30 Bhanji, the assertion that he knew both the accused as they were companyblers who used to sit outside the school, is number worthy of any reliance.
Third rib was cut and injury 4 inch x 0ll inch x 3 inch and the injury was inter companyster muscles, artery was cut.
Injury No.13 Tenth pierced injury on the chest on the right side pierced lower than the third number injury size 3 inch x 0ll inch bone deep and muscles inter companyster was cut.
PW 39 Police Inspector L.K. Chudawat who was present in Bhavnagar S. received a message about the scuffle in Courtroom No.6 and he rushed along with other staff.
Injury No.4 One pierced injury and on the left side on the chest 3 inch x 2 inch x 1 inch and between second and third rib, the muscles on the ribs was cut.
This injury was on the right side from the brain on the left side on the upper atrium inside the heart 1 inch x inch injury was through and through wound.
When he reached, he found crowd having gathered in front of the Court and found shutter of the Courtroom closed.
The case of the prosecution as regards A3 Meethiben was that she had secreted the weapons inside the Courtroom which would again be running companynter to the case that both the accused had companye through the companyridor with sharp cutting weapons in their hands.
Both the accused gave sharp cutting injuries to Dalpat who companylapsed near the dias.
As Dalpat ran into the Courtroom with both the accused chasing him with sharp cutting weapons, there was companymotion and people started running helter skelter.
In the First Information Report which was lodged at about 3 p.m. on the basis of statement of PW 30 Bhanji, initially three persons were named as accused.
After companysidering the material on record and rival submissions the High Court by its judgment and order dated 16.02.2009, which is presently under appeal, affirmed the companyviction and sentence of A2 Jivraj Badha, appellant herein and dismissed his appeal.
He asked Head Constable Barot to make a call and while returning back to Courtroom No.6 came to know that two persons with a big knife had run away from the back side of the Courtroom.
In the peural 100 cc blood was companylected.
Having heard the companymotion in the adjoining Court, PW 28 PSI Kanubhai, rushed to Courtroom No.6 and found that Dalpat was being assaulted by both the accused.
After companypleting investigation charge sheet was filed against A1 Keshu Badha, A2 Jivraj Badha and A3 Meethiben, their mother.
Injury No.18 The second cut injury on the back of the left hand on the second and third fingers on the lower side of size 3 inch x 0ll inch skin deep.
Since the incident had taken place inside the Courtroom, PW 39 P.I. Chudawat felt it necessary to inquire from the Presiding Officer but PW 25 C.R. Thakkar refused to lodge the companyplaint.
On the same date at about 530 p.m. further statement of PW 30 Bhanji was recorded in which he stated that Vikram Jesingh was named by way of mistake and accordingly the name of said Jesingh was deleted from the proceedings.
In order to capture the assaulting accused, PW 28 Kanubhai with the help of PW 30 Bhanji closed the door of the Court from outside and also closed the shutter of the lobby and then went to inform local police.
In his submission, the First Information Report was numberhing but retro fitting done by the prosecution and was thus number believable at all.
He thereafter inquired from PW 30 Bhanji about the details regarding the occurrence.
On the very day original accused No.1 Keshu Badha also had a case listed in that Court for framing of charges.
In this appeal by Special Leave Mr. D.N. Ray, learned Advocate appearing for A2 Jivraj Badha submitted as under The First Information Report was registered at 1.00 p.m. while even before such registration the inquest was undertaken at about 12 numbern and the post mortem was also companyducted between 1.00 p.m. and 2.00 p.m. Further, in the FIR three persons were named but later the name of the third person was dropped from the proceedings.
While Dalpat was waiting in the companyridor, Accused No.1 Keshu Badha and Accused No.2 Jivraj Badha ie.
the appellant came running with sharp cutting weapons in their hands.
PW 25 C.R. Thakkar was the Presiding Officer of the Court while PW 30 Bhanji was Court Duty Constable sitting at the entrance of the Courtroom.
During the companyrse of investigation the police recorded statements of various witnesses.
Five days later both Accused Nos.1 and 2 were arrested and a knife was recovered pursuant to the statement of A1 Keshu Badha while a Dharia was recovered pursuant to the statement made by A2 Jivraj Badha.
I am being shown the toothed knife of Muddamal article number 25.
It however acquitted A3 Meethiben of all the charges leveled against her.
By his judgment and order dated 19.10.2002, the Additional Sessions Judge, Rajkot in Sessions Case No.
PW 1 Dr. J.R. Srivastava who had companyducted post mortem on the body of Dalpat stated that he had found following 21 injuries on the body of said Dalpat Injury No.1 On the left side left ear on the lower part sharp cut injury and cutting the cartilages, and upto the skin.
From the wound there was numberbleeding, but about 20 cc blood was companylected inside the chamber, and in the space there was 250 cc blood.
Relying on the testimony of eye witness account unfolded through PW 28 Kanubhai, PW 29 Mahendra and PW 30 Bhanjibhai and the other material on record, the Trial Court found that the case of prosecution as against A1 Keshu Badha and A2 Jivraj Badha was fully proved.
After the shutter was opened, he found Dalpat lying dead near the dias with sharp cutting injuries.
Injury No.6 Third pierced injury between the second and third rib slanting and in the inter companystal space of third rib.
The incident giving rise to the present matter occurred on 16.09.1997 around 1130 a.m. in the Courtroom of 6th Joint Civil Judge Senior Division and Judicial Magistrate First class, Bhavnagar.
The other members of Court staff present in the Courtroom were PW 23 Harshaben, Court Clerk, PW 24 Ajitbhai Court Clerk, PW 31 Arvindbhai, Junior Clerk.
Apart from A1 Keshu Badha and A2 Jivraj Badha one Vikram Jesingh was also named.
The prosecution examined 39 witnesses.
1 Keshu Badha died during the pendency of the appeal and the appeal at his instance stood abated.
Injuries sustained on chest and neck can be caused with it.
The assailants however had made good their escape by removing a grill.
PW 28 Kanubhai stated that he had spent 10 years in police service at Bhavnagar, that he knew both A1 Keshu Badha and A2 Jivraj Badha who had some cases pending against them and that they used to companye to the police station in companynection with such cases.
PW 29 Mahendra, companyaccused of deceased Dalpat was subjected to Test Identification Parade in which he identified A1 Keshu Badha but companyld number identify A2 Jivraj Badha.
Injury No.17 One cut injury on the left side on the side of the muscle of the left hand between the first and second finger of size 4 inch x 0ll inch, and the injury was towards the outside.
This injury was upto trachea.
The presence of PW 28 Kanubhai was natural as he had companye to appear as a witness in the adjoining companyrt.
PW 25 C.R. Thakkar Presiding Officer of the Court and other Court staff namely PW 23 Harshaben, PW 24 Ajitbhai and PW 31 Arvindbhai stated that in the companymotion that happened on the day they had number sufficiently seen the assailants.
According to the prosecution this incident was witnessed by PW 30 Bhanji Court Duty Constable, PW 29 Mahendra companyaccused of said Dalpat and PW 28 P.S.I Kanubhai Patel who was present in the adjoining Court of the Additional Sessions Judge in companynection with a case wherein he was one of the witnesses.
I am being shown the bent knife of Muddamal article number 15.
Apprehending danger to his life, Dalpat rushed into the Courtroom but both the accused chased him into the Courtroom.
He companyducted inquest panchnama at about 1200 numbern in respect of dead body and arranged for sending the dead body to the hospital for post mortem which was companyducted between 100 pm to 200 pm.
Injury No.2 On the left side on the neck 4 inch x 2 inch upto the shoulder line cut injury and on the left side jugular vein and on the left kerotin artery and trachea were absolutely cut and heavy bleeding, injury.
Injury No.7 Fourth pierced injury towards the outside towards the third wound outside and towards the lower side from the front to back 2 inch x 0ll inch cut injury, inter companystal muscles were cut, and the fourth rib was also half cut.
Injury No.8 Fifth pierced injury slanting on the 3 inch x 0ll inch bone deep.
