BABUBHAI DEVABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant, original accused No.1, has challenged the judgment and order of conviction and sentence dated 04.08.2004, passed by the learned Additional Sessions Judge, Fast Track Court No.11, Ahmedabad, in sessions Case No.320 of 2003, whereby the learned Trial Court has convicted the appellant, original accused No. 1 for the offences punishable under sections 302 of the Indian Penal Code (for short "IPC"). No separate sentence has been imposed upon the appellant for the offence u/s. 135 (1) of the Bombay Police Act.

(2.) A complaint was filed by the complainant Bhikhabhai Bhagwanbhai Desia, inter alia alleging that on 03.06.2003, there was a marriage ceremony of daughter of one Manilal. The relatives of said Manilal were gathered there and were playing Gardba. At about 10:00 pm. when Ramsinghbhai was taking rest, after playing Gardba, he quarreled with Babubhai Devabhai, Amrat and Atul. Therefore, all the persons rushed to them in order to separate them. At that time, Kirti and Amrat caught hold of Ramsinghbhai and Babudeva, present appellant, inflicted one knife blow on his chest and the other on his right hand. When Ramsinghbhai shouted for help, the accused persons ran away from that place. Thereafter, Ramsinghbhai was taken to the hospital, where the doctor declared him dead. Thereafter, the complaint was lodged.

(3.) HEARD the learned counsel for the respective parties and considered the documents forming part of the appeal as well as original record summoned from the trial Court. In this case, the medical Officer, P.W.5 Dr.Jayendra Motilal Modi, who has performed the post mortem of the dead body, was examined at Exh 16. As per his opinion, the possible reason of death was due to stab injuries on chest. In column Nos. 17 and 20, the injuries are described as under: