JADEJA RADHUSINH @ MADHUJI RAJUBHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is filed by the original accused no.2, who was convicted by the learned Additional Sessions Judge, Mehsana in Sessions Case No.44/2009 for offences punishable under sections 302, 504, 506(2) of IPC. He was sentenced to imprisonment for life for offence punishable under section 302 of IPC. For other offences, lesser sentences to run concurrently were awarded.

(2.) THERE were originally three accused. The other two accused were however, acquitted. The prosecution version was that the accused no.1 Vajesingh, brother of the present appellant had developed friendly relations with the wife of one Ashok i.e. son of the complainant. Deceased Bharatbhai was the brother of Ashok. Due to such relations Bharat and others had heated exchanges of words with the accused and their family members. On the date of incident i.e. on 3.1.2009 at about 8:30 at night, three accused had come to the house of the complainant and called out Bharat. When Bharat came out present appellant accused no.2 gave one stick blow to him on his head. Thereupon, he fell down bleeding from the head. Thereupon the crowd gathered. All the accused thereafter, left the place.

(3.) LEARNED counsel Shri Balvantsinh Solanki for the appellant stated under instructions that insofar as finding of guilt against the present appellant is concerned, he is not disputing the same looking to the entire evidence on record and in particular, eyewitnesses' account. He however, submitted that the conviction was erroneously recorded by learned Judge under section 302 of the IPC and instead pleaded that same be converted into a lesser offence of section 304 Part-I or Part-II of the IPC. He therefore, prayed for reduction of the sentence.