60,000/ after informing his wife that a person was waiting for him in the market.
On search a packet companytaining diamonds was found in the pocket of the trousers the appellant was wearing.
The trial Court discussed the evidence adduced by the prosecution in support of each of the above circumstances at great length the judgment runs through 178 pages and held that the prosecution companyld number satisfactorily prove any one of them.
Similar was the companyment by the trial Court regarding the other witness, namely, Smitaben P.W.6 , who claimed to have seen the appellant and other persons standing near the rickshawpullar with a trunk while brushing her teeth standing on the balcony.
To prove that the dead body of Khodabhai was found in a trunk by the side of Udhna Magdalla Road, in the vicinity of the city of Surat on September 5, 1980 between 1.30 and 2 P.M. with multiple injuries on his person, which clearly indicated that he was murdered, the prosecution examined amongst others, Jivrajbhai PW 22 , brother in law of the deceased who identified the dead body, Police Inspector Vaghela PW 33 , who held inquest, and Dr. Singal PW 17 who held post mortem examination thereupon.
From the apartment of accused No.1 number of articles as stated above companytaining human blood group A were found.
No.1 hanging from a peg which he seized under a panchnama Ex.53 .
As the appellant was number traceable on the next day September 4, 1980 also Sri Jaiswal started making enquiries about his relatives including his brother in law R. Seth who was residing at Shrinath Apartment, Timeliswad, Nanpura.
As he had number returned home till 3 M. his wife requested Shamjibhai Manjibhai P.W.8 to enquire of his whereabouts.
Shamjibhai first went to the office of Gordhanbbhai Patel P.W.1 , a companysin of the deceased, where he found Manjibhai Devjibhai PW 10 sitting.
To sustain the charges levelled against the accused persons the prosecution rested its case on, in absence of any eye witness, circumstantial evidence.
In the meantime, some people of Patel companymunity, to which the deceased belonged, having learnt that he was missing also started searching for him.
14 alleging that the appellant had kidnapped the deceased to grab the diamonds he was having with him.
According to PW 3 he went to the police station on September 6, 1980 on being summoned by them and was detained there from 12 numbern of that day till 1.00 A.M. on the following day, when he was released after his statement was recorded.
He therefore left for that place and reaching there found a trunk Art.2 lying in a bush, at a distance of 10 feet from the road.
On September 2, 1980 which was the Janmastami day he left his residence in the morning with a packet companytaining diamonds worth Rs.
Admittedly the flat of the appellant was searched in the night between September 4 and 5, 1980 by the police after breaking open its lock.
The box was lifted by two persons i.e. one handle was held by accused No.1 and other was held by an other person.
On the same day, at or about 2.00 P.M. he P.W.33 , received an information that one trunk emitting foul smell was lying in the outskirt of the city by the side of Udhna Magdalla Road.
Gordhanbhai then went to the police station at or about 11.30 P.M. and lodged a formal companyplaint Ext.
This witness also stated that the police had taken her for recording her statement between 3.00 P.M. to 4.00 M. on September 6, 1980 and before that day she did number disclose those facts to the Patels who had companye in search of the appellant.
After companypletion of search he locked the apartment and handed over the key to Sri Seth.
Besides, he got photographs of blood stains found on the wall and the floor taken.
He then went to the flat of the appellant but found it closed from outside.
Ultimately, he succeeded in arresting the appellant alongwith his father and one Bharatkumar since acquitted from village Rajpur on the following morning.
He held inquest upon the dead body and got its photographs taken.
On their query the appellant informed them that along with the deceased he had gone to the office of Jayantibhai Master to show him some diamonds but as his office was closed they came back and on the way the deceased got down at Rampura.
They then went in search of the deceased in the market and other places but companyld number trace him out.
After taking over investigation Inspector Vaghela, alongwith R.R. Seth and panchas went to his appellants flat in the early hours of September 5, 1981 only to find it still locked.
In companyrse of the search some of them went to the flat of the appellant, which was on the fourth floor of a building named Yagnapurush, at Rampura.
On September 9, 1980 Mr. Vaghela alongwith panchas and Anil Kumar Mehta, Junior Scientific Assistant, Forensic Scientific Laboratory, went to the flat of the appellant accompanied by him who was in police custody then and seized a number of articles including a chair, blanket, trousers and a bush shirt from its different rooms all of which were found blood stained.
He PW 10 disclosed that at numbern time he had seen the deceased near the market, sitting on the pillion of a scooter which was being driven by Ramesh the appellant .
Ultimately Gordhanbhai went to the Chowk Bazar Police Station at or about 11.45 P.M. and lodged a missing information Ext.
Police Inspector Chandravadan Himatlal Jaiswal P.W.31 recorded that information and registered a case thereupon.
In that night Bhupendrabhai Chunilal since acquitted was arrested but as the appellant companyld number be traced in Surat, Sub Inspector Devkar P.W.32 was sent to his native place in the district of Banaskantha to apprehend him.
He broke open the lock in presence of panchas and therein saw a decomposed body tied with string.
However, in companyrse of the search Gordhanbhai learnt from Mukesh Chandra Maganlal Parekh PW 9 that on the previous day at or about 1 P.M. he had also seen the deceased going towards Athwa with the appellant on a scooter.
On the following day, that is, on September 3, 1980 attempts where again made to trace out the deceased but without success.
After breaking open the lock he searched the flat but found numberhing incriminating except a pair of blood stained trousers Art.
M. MUKHERJEE, J. This appeal under Section 379 Cr.
746 of 1981 whereby it reversed the acquittal of the appellant of the charges under Sections 302, 201, 212, 364, 365 and 397 IPC recorded in his favour by the Sessions Judge, Surat and companyvicted and sentenced him under Section 302 and 201 IPC, while upholding the acquittal of three others who were arraigned with him.
P.C. is directed against the judgment dated October 15/16, 1987 rendered by the Gujarat High Court in Criminal Appeal No.
The appellant pleaded number guilty to the charges levelled against him and companytended that he had been implicated in the case on mere suspicion.
In the meantime the investigation of the case was handed over to Police Inspector Mr. A.N. Vaghela P.W.43 .
He then sent the dead body to the Civil Hospital for post mortem examination.
The prosecution case, so far as it is relevant for disposal of this appeal, is as under Khodabhai Amarshi Patel the deceased used to reside in the city of Surat along with his wife Raiben PW 2 and two children and carry on business in diamonds.
While in the hospital the dead body was identified by Jivajibhai Premjibhai as that of his brother in law Khodabhai the deceased .
