AJMABHAI JALMABHAI ADIVASI(PARMAR) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed in Sessions Case No.103/2008 dated 20.11.2008 by the learned Sessions Judge, Banaskantha at Palanpur whereby, the appellant, original accused, has been convicted for the offence punishable u/s.302 of Indian Penal Code (for short, "the IPC") and has been sentenced to undergo imprisonment for life and fine of Rs.500/ - and in case of default, simple imprisonment for a further period of one month. The sentence already undergone by the appellant was given as set -off.

(2.) THE facts in brief are as under; On 21.03.2008 the complainant, Arjunbhai Ravtabhai Aadivasi and his relatives had gone to Ambaji market for shopping. After finishing shopping, all of them proceeded towards Ambaji Bus -stand. During that time, the appellant herein dashed Maknabhai, the uncle of complainant. Therefore, Maknabhai questioned the appellant. However, without giving any reply, the appellant went away. Therefore, Maknabhai proceeded on his way.

(3.) LEARNED counsel for the appellant submitted that the Court below has committed serious error in passing the impugned judgment. He submitted that the evidence on record has not been appreciated in its proper perspective and that gross injustice has been committed by convicting the appellant for the offence in question.