SAMIR PRANLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 29-4-2009 delivered by the learned 5th Sessions Judge, Vadodara, in Sessions Case No.11 of 2006 whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for 7 years with a fine of Rs.10,000/-, in default, to undergo further period of six months simple imprisonment for the offence under Sec.304 Part II of IPC.

(2.) The case in short is that a complaint was filed before the Raopura Police Station being I.C.R.No.185 of 2005 on 10-10-2005 inter alia alleging that because of earlier dispute, both the accused came on Activa at about 2300 hours and parked it in front of the motor cycle of the complainant. Thereafter, the accused No.2 pushed the complainant and one Jaydeep and when accused No.2 was attempting to beat Bhavesh, Bhavesh tried to run away but he fell on a heap of grit. The original accused No.1 then inflicted blow with knife on the right leg of deceased Bhavesh causing him serious injuries. The deceased Bhavesh was then taken to the hospital of Dr.Amul Pandya, Pratap Road, Vadodara from where he was shifted to S.S.G Hospital. However, Bhavesh died during treatment. The offence was registered under Secs.302 and 114 of IPC and investigation was entrusted to PI, Shri V.M.Rajvanshi. He drew inquest panchnama on the dead body of deceased, sent dead body for post mortem, recorded statements of witnesses, drew panchnama of scene of offence, arrested the accused, seized the muddamal and sent the accused to judicial custody. The muddamal was then sent to FSL for analysis. Upon receipt of post mortem and FSL reports, they were kept with the investigation file. At the end of investigation, he submitted the charge sheet in the Court of learned Magistrate.

(3.) As the offence was Sessions Triable case, the learned Magistrate committed the case to the Court of Sessions at Vadodara. The learned Sessions Judge framed charge against the accused. The charge was read over and explained to the accused. The accused denied all the charges and pleaded to be tried. Hence, the prosecution was asked to prove the guilt against the accused.