JIVANBHAI @ JIGNESHBHAI BAJRANGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgement and order of conviction dated 31.12.2005 passed by the Additional Sessions Judge, Ahmedabad in Sessions Case No. 135 of 2004, whereby the accused has been convicted of the charges leveled against him.

(2.) IT is the case of the prosecution that on 08.08.2003 one Rajvirsinh Ramsinh Bhadoria found his five years old daughter Mohini missing after she was sent to buy milk from a nearby shop. He therefore filed a missing entry with the Meghaninagr Police Station. On 14.08.2003, the Rajasthan Police visited the house of the complainant intimating him that a girl aged five years had passed away, but her name was mentioned as Seema Bajrangi. It is the case of the prosecution that the complainant therefore went to Alvar Civil Hospital with the police on 15.08.2003 and identified the deceased as his daughter. It is the case of the prosecution that she had bruises at different places all over her body and also signs of burn injuries possibly with cigarette. There were abrasions and her soles were blackened. It is the case of the prosecution that it was learnt that the girl was admitted on 12.08.2003 in the evening by a boy who was thin built and of wheatish complexion who had stated before the hospital authorities that the girl was his sister and that their maternal uncle and aunt used to beat them. However, he soon left the hospital thereafter. Last rites were performed and a complaint had been given by Rajvirsinh and accordingly a report under section 157 of Cr.P.C was prepared by the concerned Police Inspector.

(3.) AS against that the learned Additional Public Prosecutor, Mr. Maulik Nanavati submitted that the prosecution has successfully proved the case against the appellant inasmuch as the statement of P.W. 4 who is the eye witness and who had seen the deceased along with the accused on 08.08.2003 evening corroborates the other evidences. He submitted that the injuries were inflicted upon the girl by the accused with the intention of causing bodily injury and the same was unattended to till the point of no return and finally the said injuries resulted in Septicemia causing death of the girl.