Rameshbhai Mohanbhai Koli & Ors vs State Of Gujarat

2) "The case of the prosecution" as unfolded during the course of investigation was:

106, the aforesaid incident was witnessed by as many as 8 witnesses, some of whom were natural witnesses being tea or pan vendor present at the place of occurrence. It was further revealed that original Accused Nos. 5-7 had conspired to eliminate Prakashbhai Raveshia and in furtherance of that conspiracy engaged the services of the appellants 3 herein. During the panchnama (Exh.384) of the place of occurrence amongst other articles, a blood stained loan application form bearing the name and address of the appellant Rameshbhai Mohanbhai Koli (A1) was seized by the police. As regards the injuries on the person of the deceased, the post-mortem report (Exh. 206) revealed that the deceased suffered 18 injuries out of which 17 were incised wounds. It may be mentioned here that large number of injuries/incised wounds were found on the neck and the chest of the deceased.

(b) During the course of further investigation, after arrest of the appellants herein, all of them made separate disclosure statements showing their willingness to disclose the respective places where they had hidden the knives used in the commission of offence. Pursuant to such disclosures made by the appellants, they led the police to the places where they have concealed the knives used in the 4 commission of offence. The knives recovered at the instance of the appellants Rameshbhai Mohanbhai Koli (A1), Narottam Prejji Koli (A2) and Pravin @ Dalo Lashubhai Koli (A4) were stained with blood. Blood stained clothes worn by Pravin @ Dalo Lashubhai Koli (A4) at the time of incident were also got recovered. The police also recovered the blood stained seat of the motorcycle used by two of the accused to run away from the place of occurrence.

c) The aforesaid articles, namely, the loan application form, the knives, blood stained clothes of the appellant Pravin @ Dalo Lashubhai Koli (A4) and the blood stained seat of the motorcycle were sent for forensic examination. The FSL and serological report (Exh 250) opined that the blood stains on the aforesaid articles were of group `O'. The blood group of the deceased also belongs to group `O'.

d) On completion of the investigation, a charge sheet was filed in the Court of J.M.F.C. Morbi who 5 committed the case to the Court of Additional Sessions Judge at Morbi where it was numbered as Sessions Case No. 34 of 2000.

g) The High Court, by the impugned judgment and final order dated 25.10.2007, confirmed the conviction of the appellants herein and dismissed their appeal. However, Criminal Appeal Nos. 1544, 1925 and 2234 of 2004 which were also heard together along with the present appellant's appeal and by the same impugned judgment, confirmed the conviction of the appellant and accused No.4 and allowed the appeal filed by the original accused Nos. 5, 6 and 7 and acquitted them of the alleged offences and set aside the sentence awarded to them holding that there was no conspiracy.

11) From the analysis of the statements, answers in the cross-examination, earlier statement under Section 164 of Cr.P.C. before the Magistrate and in the light of the above principles, we agree with the conclusion arrived at by the trial Court and approved by the High Court.

15) In the same manner, though panchas of several other panchnamas in respect of recovery of handkerchief, seat of motor cycle and other articles with blood stains have turned hostile and not supported the prosecution case, those panchnamas were exhibited during the examination of 16 investigating officer and for a limited purpose, therefore, they can be relied upon.

Evidence of Investigating Officer

26) In view of the above principles and in the light of the discussion about the recovery as stated and concluded earlier, those materials produced by the prosecution are relevant, acceptable and rightly connected these circumstances with the appellants.

28) In the light of the above discussion, we are unable to accept the case of the appellants, on the other hand, we are satisfied that the prosecution has established its case insofar as the appellants and rightly convicted and sentenced by the trial Court and affirmed by the High Court. The appeals are devoid of any merits, consequently, they are dismissed.

OCTOBER 20, 2010.