MANSUKH KARSHAN @ KABA BORICHANGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant was the original accused. He was charged with offence punishable under Section 302 of the Indian Penal Code and Section 135 of the Bombay Police Act. By the impugned judgement rendered by the learned Additional Sessions Judge, Junagadh in Sessions Case No. 39 of 2007, for offence under Section 302 of IPC, he was convicted and sentenced to imprisonment for life. For offence under Section 135, he was awarded simple imprisonment for one year. Substantive sentences were made concurrent.

(2.) BRIEFLY stated the prosecution version was that: On 02.05.2007, at about 6.40 in the evening in the market place of Village Jalandhar of Malia Hatina Taluka, the accused Mansukh Karsan and deceased Harsukh Jenti Chunara had a brief quarrel. The accused gave one blow on the head of Harsukh with a wooden stick which he was carrying. Harsukh was shifted to a hospital for treatment, where later on he died. Charge to this effect was framed at Exh 1 alleging that in the process the accused had committed offence punishable under Section 302 of IPC.

(3.) DHIRUBHAI Mansingbhai Parmar, P.W. 1, Exh 11 was the relative of the deceased and the first informant. He deposed that his nephew Harsukh lived with him at Village Jalandhar. On 02.05.2007, he reached home at 7 O'clock. When he was going home, one Harija Chandrakan Hardas met him and informed him that Harsukh was beaten by accused Mansukh with a stick. He went to the hospital at Malia where he was informed that Harsukh was taken to a hospital at Junagadh. He saw Harsukh in an unconscious condition. In such condition, he was taken to Rajkot Government Hospital where, in the early morning at 4.30, he died. Police came there and took down his FIR which was produced at Exh 12. In the examination -in -chief, this witness did not support the prosecution that Harsukh had regained consciousness and told him that he was beaten by accused Mansukh. In the cross examination by the Public Prosecutor, he however, agreed that in his further statement before the police, he had so mentioned.