DASHRATHBHAI RAJIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants have preferred this appeal Under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code for brevity) challenging the order of conviction passed by the learned Additional Sessions Judge, Godhra on 18th October, 1994 in Sessions Case No. 131 of 1993 convicting the appellants - original accused of the charges of commission of offence punishable Under Section 304 and 114 of the Indian Penal Code.

(2.) THE facts in brief leading to filing of the present appeal deserves to be set out as under:

(3.) IT is the case of the prosecution that on 28.3.1993 at about 11:30 p.m., the deceased Fatabhai Chandubhai was going on road at village Idea and he was stopped by the appellants - accused. Under the guise of some allegations made by the deceased against the accused, the deceased was assaulted by the appellant No. 1 by way of waist belt and appellants No. 2 and 3 had beaten the accused by fists and kicks blows and appellant No. 1 caused burn injury by burning handkerchief on the back of deceased. During the course of medical treatment, the deceased died on 30.3.1993. The complaint was lodged against the accused for the offence punishable under Sections 304(II) read with Section 114 of Indian Penal Code. The accused pleaded not guilty and claimed to be tried the case. Further statement of the accused recorded under the provisions of Section 313 of the Code of Criminal Proceudre. During the course of trial, following witnesses from the prosecution side, have been examined before the learned Sessions Judge.