PARSHOTTAMLALJIWAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of an incident which took place at about 7.30 p. m. to 7.45 p. m. on 12/11/1977 in Village Manjalpur, District Vadodara, in Gujarat wherein two persons, namely, Zaver Chhita Solanki and Raman Shiva Parmar sustained gunshot injuries caused by a gun fired by the appellant. The said injuries resulted in the death of both of them. Eight persons, including the appellant, were prosecuted before the Additional Sessions Judge, Vadodara on charges under S. 302 read with S. 149. ipc and S. 27 of the Indian Arms Act. The Additional Sessions Judge, by judgment dated 28/11/1978, acquitted all the accused persons of the charges levelled against them. The State filed an appeal before the High court of Gujarat against the said order. The said appeal as against the acquittal of the seven accused other than the appellant was dismissed by the High court at the admission stage. The appeal as against the acquittal of the appellant was, however, admitted and it was allowed by the High court by judgement dated March 30-31, 1981. The appellant has been convicted for the offence punishable under S. 302, Indian Penal Code and has been sentenced to imprisonment for life. Aggrieved by the judgment of the High court, the appellant has filed this appeal under S. 2 (a) of the Supreme court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 read with S. 379 of the Code of Criminal Procedure, 1973.

(2.) The case of the prosecution, briefly stated, is as follows:

(3.) The post-mortem examination of the dead bodies of the deceased persons was conducted by Dr R. K. Patel, Public Witness 6/11/1977. The following injuries were found on the person of Zaver Chhita: