RAMESHBHAI PITHABHAI GARASIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order dated 17.2.2005 passed by the learned Sessions Judge, Dahod in Sessions Case No. 328 of 2004, whereby, the appellant original accused no. 1 has been convicted for the offence under section 302 of IPC read with section 394 of IPC and the sentence has been imposed of life imprisonment with a fine of Rs. 2000/- and seven years R/I with a fine of Rs. 1000/-, respectively.

(2.) IT appears that as per the prosecution case, Ratansinh Laljibhai, unarmed A.S.I., working with Jhalod Police Station, at the initial stage, received vardhi (intimation for needful) that one dead body was lying in the forest area, and therefore, he enquired about the same and he found the dead body of a person aged about 32 years and there was bleeding on the head. Therefore, for the purpose of inquest panchnama and post mortem, he had taken the dead body of the said person to the hospital. Thereafter, as in the post mortem report, the information was received of homicidal death due to injury caused upon the deceased, a complaint was registered on 5.12.2003 with Jhalod Police Station by the said Ratansinh Laljibhai PW-1 for such purpose. As per the said complaint Exh. 10, death of the deceased was caused due to fracture in the skull and intra cranial haemorrhage and the injury was caused by some person with the weapon on the head. The time of offence was stated to be prior to 17.15 hours of 5.12.2003.

(3.) LEARNED counsel appearing for the appellant has taken us through the entire oral evidences and documentary evidences as well as the impugned judgment and the reasons recorded by the learned Sessions Judge. We have also heard learned counsel Ms. Sadhna Sagar appearing for the appellant and Mr KL Pandya learned APP for the State.