MITESH @ T.V. VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Appellant, a sole accused in a case of Murder is before this Court challenging the dismissal of his Criminal Appeal bearing Criminal Appeal No. 1129 of 2000 by High Court of Gujarat, at Ahmedabad [ Hereinafter referred to as the 'High Court'.], wherein his challenge to the Judgment of Conviction and Sentence dtd. 18/10/2000 passed by the Additional City Sessions Court No. 8, Ahmedabad [ Hereinafter referred to as the 'Sessions Court' or 'Trial Court'.] in Sessions Case No. 158 of 1999, came to be dismissed. The conviction and sentence imposed upon the accused by the learned Sessions Court are as under: <IMG>JUDGEMENT_25_LAWS(SC)5_2026_1.jpg</IMG>

(2.) The case of the prosecution, in brief, is that the complainant, Ishwarbhai Sankabhai Rabari, was residing with his family at Bukakhidas-ni Chawli, near Herbon School, Maninagar (East), Ahmedabad, and was employed as a driver with the A.M.T.S. (Ahmedabad Municipal Transport Service). The deceased, Somabhai Sankabhai Rabari, who was the brother of the complainant, was running a tea stall in the Khokara area near the lavatory at the four-way junction close to Boriwala 's Chawli. It is the prosecution case that on 11/12/1998 at about 10:30 p.m., a quarrel had taken place between the deceased and the appellant on account of the appellant having thrown a half-burnt cigarette into the bucket used by the deceased for washing cups and saucers, which fact was narrated by the deceased to the complainant. On the following morning, i.e., on 12/12/1998, the complainant (PW-1) was informed by Shiva Madrasi and Shankar Dhobi, residents of Pattharwali Chawli, that the deceased was lying in an injured condition near his tea stall, having sustained multiple blows.

(3.) Upon reaching the spot, the deceased is stated to have informed PW-1 that it was the Appellant who had assaulted him on account of the earlier quarrel. The deceased was immediately taken to the hospital by PW-1 in an Auto and on the way he again reiterated that the Appellant had inflicted the injuries upon him. However, upon arrival at the hospital, the deceased was declared dead. Thereafter, PW-1 lodged the complaint with the police.