JAGDISHBHAI JASABHAI MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Criminal Appeal No.28 of 2010 by the appellant Nikit Jayeshbhai Thakkar is preferred to challenge judgment and order dated 21.12.2009 passed by the learned Presiding Officer & Additional Sessions Judge, IInd Fast Track Court, Rajkot in Sessions Case No.119 of 2008 whereby the appellant is convicted for the offence under section 302 and 326 of Indian Penal Code, 1860. The appellant is sentenced to life imprisonment and fine of Rs.5,000/- and in default to pay fine, to undergo further simple imprisonment of 3 months for the offence under section 302, whereas 3 years rigorous imprisonment and fine of Rs.1,000/- and in default, simple imprisonment for further 1 month. Both the sentences are ordered to run concurrent.

(2.) The incident resulting into unfortunate death of one Kuldip Jagdishbhai Mehta took place on night of 12th July 2008 in the corridor of the hostel attached to Tourism Management Institute, and arose out of what appeared to be intense scuffle between the appellant and the deceased, who both were students in their youth studying in first year of Hotel Management course, and who had got admission in the hostel of the college barely two weeks ago.

(3.) We heard learned advocate Mr.N.S. Daftari appearing for the appellant with learned advocate Mr.Ashish Dagli, and learned Public Prosecutor & Sr. Advocate Mr. Prakash Jani for respondent State. We also permitted learned advocate Mr. Yatin Soni for the appellant in Criminal Appeal No.1164 of 2011 to make submissions in connection with prayers in his appeal.