RAMGAUD ARAKTI GAUD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal arises out of the judgment and order rendered by the learned Additional Sessions Judge, FTC-7, Surat, in Sessions Case No.42/2004, convicting the present appellant, Ramgaud Arkit Gaud, for the offence punishable under Section 302 of the Indian Penal Code [IPC for short] and sentencing him to imprisonment for life with fine of Rs. 250/-, in default, S.I. for two days.

(2.) BRIEF facts of the case are that the appellant was working with Jakiyabhai Sheth as a workman. He had some dispute with one Sadanand Batukchand Dube in respect of water supply. As a result of the quarrel that he had with Sadanand Dube, his services were terminated and he, therefore, had grievance against Sadanand Dube. On 29.12.2003 at about 2.00 A.M., while Sadanand Dube was on duty in the office, he was done to death allegedly by the appellant with the help of a wooden log by inflicting multiple head injuries. As per the prosecution case, the incident was seen by PW.1 Rammurat Rambahal (Exh.8) and PW.2 Narayanbhai Kartikbhai (Exh.9). The accused was seen running from the place of the incident and upon apprehension, clothes that he had worn, at the time of the incident, were recovered and were found to carry bloodstains on them. As per the prosecution case, the said blood group was that of the deceased.

(3.) THE trial Court, after considering the evidence on record, came to the conclusion that the prosecution was successful in establishing the charge of murder and convicted the appellant-accused of the said charge. THE trial Court, however, found that the offence punishable under Section 135 of the Bombay Police Act was not properly established by the prosecution and, therefore, recorded acquittal of the accused for that offence. It is against the conviction that the original accused has preferred this appeal. THE State has chosen not to file any appeal.