PRABHATBHAI AATABHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties.

(2.) The appellant has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code (for short "IPC"). The conviction of the appellant by the Sessions Court has been confirmed in appeal by the impugned judgment of the High Court.

(3.) We must refer to the case of the prosecution in brief. PW-2-Kalabhai, the brother of the deceased- Hukabhai, is the first informant. PW-3 Ramabhai is from were residing. According to the case made out in the complaint, PW-1 was at the grocery shop of PW-2 with one Ratabhai. We may note here that date of the incident is 12/11/1997. According to the prosecution case, the deceased-Hukabhai started proceeding towards his field at about 3.00 p.m. He was followed by the appellant-accused with a bamboo stick in his hand. The accused came back near the shop around 6.30 p.m. with a stick in his hand. According to the prosecution, the appellant confessed before PW-2, PW-3 and one Ratabhai that he had assaulted the deceased with a stick.