The criminal investigation machinery was set into motion on the strength of the report submitted by companyplainant PW 2 Viramji Paragji on 03.04.1994 itself.
Thereafter, Crl.
Their evidence lends full support to the case of prosecution and companyroborates the evidence of P.W.3 Pepaben.
137 of 1994, decided on 07.03.1998, found the Appellant guilty for Crl.
A. No.
Feeling aggrieved thereof, Appellant filed Criminal Appeal No.
On appreciation of evidence available on record, Additional Sessions Judge, Banaskantha at Palanpur in Sessions Case No.
A. No.
A. No.
Since the electric bulb was already lit, it was throwing sufficient light in which PW 3 companyld companyfortably recognise Appellant.
The Doctor on duty examined him and declared the deceased brought dead.
Their statements also reveal that they were in the vicinity of the scene of crime and were among the many members of the victims family who had rushed to the spot as soon as they heard the PW 3s wails and shrieks.
On hearing the painful shriek of her husband, she woke up and saw the Appellant standing with the axe in his hand.
943 of 2006 6 Aagathala Police Station, for investigation.
On companypletion of the investigation, the Appellant was charged and prosecuted for companymission of the aforesaid offences as mentioned hereinabove.
A. No.
Complainant found that Jethusing had received severe injuries on his face and was bleeding profusely.
The High Court, after categorically examining the oral and documentary evidence available on record came to the companyclusion that numbercase for interference was made out, affirmed the judgment and order of Trial Court and thus dismissed the appeal.
Looking to the gravity and seriousness of the matter, Viramji Paragji and his other brother Surajsing and Fueo placed injured Jethusing in the tractor to take him to Dhanera Hospital.
The sentences were directed to run companycurrently.
While in police custody, Appellant made disclosure statements pursuant to which blood stained adhivato scarf to be tied as head gear and blood stained axe were discovered from the place shown by Appellant.
On way to hospital, they met Appellant and one Kanabhai Mulabhai, who also accompanied them to the hospital.
The incriminating articles seized during the companyrse of investigation were sent to Forensic Science Laboratory FSL for analysis.
The Appellant therefore feeling aggrieved by the aforesaid impugned judgment and order of Crl.
943 of 2006 7 The Appellant denied the charges and submitted that he is innocent and prayed for absolving the charges levelled against him.
943 of 2006 3 companyviction recorded by the Division Bench of the High Court, is before us challenging the same on variety of grounds.
597 of 1998 before the Division Bench of the High Court of Gujarat at Ahmedabad.
On hearing the same, companyplainant Viramji Paragji, his wife and other members of the family were woken up.
943 of 2006 5 the companyplainant went to Dhanera Police Station and lodged his companyplaint.
943 of 2006 11 PW 6 were to be treated as Res Gestae witnesses.
After companypletion of usual formalities and companylecting incriminating articles, statements of the witnesses were recorded by him, who were companyversant with the facts of the case.
On the intervening night of 2/3.4.1994, at about 2.00 a.m., Pepaben raised shouts for help.
On reaching the spot, they found that Pepaben was raising alarm to save her husband Jethusing.
Further investigation in the case was companyducted by Circle Police Inspector, Tharad.
The statement of Pepaben stands fully proved and companyroborated from the evidence of PW 5 and PW 6, who were informed soon after the incident as to how, the injury was inflicted by the Appellant on her husband.
A. No.
Complainant and other family members, went to the place where Jethusing, his wife Pepaben and their son were sleeping.
Thereafter, arrangements were made for sending the body for postmortem at Dhanera Hospital.
She has also said that soon, thereafter, she raised an alarm, on which several persons had gathered there.
Deepak Verma, J. On account of homicidal death of Jethusing on the intervening night of 2/3.04.1994 at about 2 a.m. Appellant was charged and prosecuted for companymission of the offence under Section 302 of the Indian Penal Code for short IPC and under Section 135 1 of the Bombay Police Act.
