RAMESHRAY PANCHURAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) .By this conviction appeal, the appellant-original accused Rameshray Panchuray Ray, has questioned the legality and validity of the judgment of conviction and order of sentence, recorded by the learned Addl. Sessions Judge, at Panchmahals, Godhra, in Sessions Case No. 52 of 1993, whereby, the accused came to be charged for having committed offence punishable under Sec. 302, by committing murder of one Paramshankar, with the help of stick, and he is ordered to undergo sentence for imprisonment for life, whereas, he is also held guilty for the offence under Sec. 323 of the Indian Penal Code (I.P.C.), for causing hurt to prosecution witness No. 8, Vijaykant Shukla, and for which, he is awarded no separate sentence.

(2.) The criminal complaint, came to be filed against the accused, on 13th January, 1993, at Bodeli Police Station, by P.S.O., for the incident, which occurred on 9-1-1993, at about 12.00 midnight, in which, accused is alleged to have given fatal blows to the deceased, and prosecution witness Vijaykant, was also given stick blows when he intervened.

(3.) Accused, deceased and prosecution witness Vijaykant, were staying jointly in a Kuchha hut, near Narmada Canal at village Kuria, in Sankheda Taluka of Panchmahals District, at the relevant time. It is the prosecution case that, there was a scuffle between the deceased and the accused, on account of spoiling the water in the pot, which resulted into hot exchange of words, and aggravated to the stage of beating with the help of stick, as both of them were Security Guards, and ultimately culminated into the death of Paramshankar within 24 hours, after the incident occurred.