NAYI BHARATKUMAR KESHAVLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is at the instance of a convict -accused for the offence of murder punishable under Section 302 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 28th November, 2006, passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Patan, in Sessions Case No.48/2006. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code and consequently sentenced him to undergo rigorous imprisonment for life and fine of Rs.5,000/, with a further stipulation that in the event of default of payment of fine the accused shall undergo further Simple Imprisonment for a term of one year.

(2.) Case of the Prosecution : -

(3.) The Doctor at Patan General Hospital, having regard to the serious nature of injuries which the deceased had sustained, advised the complainant and others to shift the deceased to the Ahmedabad Civil Hospital. Accordingly after taking some treatment at Patan General Hospital the deceased was shifted on the same day in the night hours to the Ahmedabad Civil Hospital for further treatment. It appears that on being transferred to the Ahmedabad Civil Hospital, the deceased went in coma and passed away after a period of 5 days.