AMTHABHAI KARSHANBHAI BAJANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973, the appellant has inter alia challenged the judgment and order of conviction and sentence dated 31st March 2010 passed by the learned Sessions Judge (Main), Gandhinagar, in Sessions Case No.88 of 2009, whereby the appellant has been held guilty for the offences punishable under Section 304(II) of the Indian Penal Code.

(2.) IT is the case of the prosecution that on 02nd July 2009 at 18.00 hours, the appellant and his son went to the house of deceased, where the quarrel took place regarding the payment of Dadiya labour. IT is also the case of the prosecution that during the quarrel, the appellant and his son had given blow of Rampdi (Wood Stick) on the head of the deceased and also given other injuries on his bodies. IT is the case of the prosecution that therefore, the deceased was sent to Gandhinagar Civil Hospital. As the deceased had received serious injuries, the deceased was suggested to transfer at Civil Hospital, Ahmedabad. A complaint to the said effect was given to the Head Constable, Pethapur Police Station.

(3.) AFTER hearing both the sides, the learned Sessions Judge (Main), Gandhinagar, by his judgment and order dated 31st March 2010 passed in Sessions Case No.88 of 2009, convicted the appellant for the offence punishable under Section 304(II) of the Indian Penal Code and ordered to undergo rigorous imprisonment for a period of two years and also imposed fine of Rs.500/-, and in default of payment of fine, ordered to undergo simple imprisonment for a further period of 15 days.