KAMLESHBHAI UMESHBHAI DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants original accused have filed this Appeal under Section 374 of Cr.P.C. against the Judgment and order of conviction and sentence dated 15.02.2008 passed by the learned Additional Sessions Judge & Presiding Officer, 1st Fast Track Court, Amreli, Camp at Rajula, in Sessions Case No. 75 of 2006, whereby the learned Additional Sessions Judge has held the appellant accused guilty (i) for the offence punishable under Section 328 of I.P. Code and sentenced him to suffer Imprisonment for 7 (seven) years and to pay a fine of Rs.2,500/- i/d to undergo RI for six months and (ii) for the offence punishable under Section 307 of I.P. Code and sentenced him to suffer Imprisonment for 7 (seven) years and to pay a fine of Rs.2,500/- i/d to undergo RI for six months. THE learned Judge ordered all the sentences to run concurrently.

(2.) THE brief facts of the case of prosecution are that one Maansurbhai Rambhai Wagh lodged a complaint that on 31.5.2006 at around 6.00 p.m. in the evening he received a phone call at the residence of one Bhikhabhai Daganbhai Wagh from Vasabhai, who informed him that when he had gone to the house of Kamleshbhai (accused herein) for his outstanding money, in turn Kamleshbhai poisoned the food stuff which was served to him. THErefore, the complainant requested by Vaasabhai to come as early as possible as he was not feeling well. THE complainant, therefore, along with aatabhai Bholabhai and Dahurbhai Bhikhabhai reached the house of Kamleshbhai at rajula and show that Vaasabhai was sleeping and he in turn informed the complainant that he was not in a position to walk as he apprehended that he was poisoned in the food that was served to him at 13.00 noon. THErefore, Vaasabhai was made to sit in an Auto Rickshaw and taken to the Government Hospital at Rajula for treatment. THEre, primary treatment was administered to Vaasabhai and from there he was shifted to Government Dispensary at Mahuva for further treatment. THErefore, he was taken to private hospital at Bhavnagar where he was treated. Since Vaasabhai was unconscious the complainant informed the police. THE reason for the occurrence of the incident, according to the complainant, was related to some money transaction whereby Vaasabhai had paid Rs.30,000/- to Kamleshbhai to purchase iron scrap with an understanding that doing business in partnership, but, the said amount was not invested by Kamleshbhai and he had also not paid back the said amount and Vaasabhai had gone to collect the said amount at the house of Kamleshbhai he in turned poisoned him. THErefore, on the basis of said facts, a complaint has been registered with A Division Police Station, Bhavnagar City vide CR No. I 81/06 for the offence under Sections 328 and 307 of I.P. Code.

(3.) BEING aggrieved by and dissatisfied with the aforesaid Judgment and order of conviction and sentence the appellants accused has preferred this Appeal.