VINOD BAJRANG SALUNKE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant, original accused, has challenged judgment and order passed by the Additional Sessions Judge, Navsari, in Sessions Case No.13/2010 dated 14.06.2011, whereby, the appellant herein, original accused, has been convicted for the offence punishable under section 302 of the Indian Penal Code (for short, "the IPC") and sentenced him to undergo imprisonment for life and fine of Rs. 2,000/, in default of payment of fine, the appellant shall undergo further sentence of imprisonment for two months. The appellant has been acquitted for the charge u/s. 135 of the Bombay Police Act and has been given the benefit of setoff.

(2.) A complaint was filed by the complainantRanjanben widow of Subhashbhai Babubhai Nayak, inter alia alleging that she is residing with her two sons namely Jigneshbhai and Satishbhai. It is the case of the prosecution that on 22.11.2009 Jigneshbhai told the complainant that he is going to Dandhi with Rakeshbhai, Ajaybhai, Nareshbhai and Manchubhai on motor cycle. At about 1:30 p.m., one Ambaben along with her son came to the house of complainant and told her that on returning from Dandhi while her sonJignesh went to take his motor cycle, which was parked near stall of Taropa, Vinod Bajrang Salunke, appellant herein, came and started quarreling with Jhignesh.

(3.) LEARNED advocate for the appellant has assailed the impugned judgment and order by submitting that the trial Court has passed the impugned judgment and order without appreciating the evidence on record. He contended that the trial Court has committed error in convicting the present appellant under section 302 of the IPC.