LALJI KANAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matter was fixed time and again for final hearing. Yesterday, the matter was heard partly and the same was fixed for further hearing today. However, today, learned counsel for the appellant is not present. Therefore, we are deciding this matter in absence of learned advocate for the appellant.

(2.) By way of this appeal, the appellant has challenged the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Court No.11, Ahmedabad City, dated 16.05.2007, whereby, the appellant herein, original accused, has been convicted for life imprisonment for the offence punishable u/s.302 of the Indian Penal Code (for short, "the IPC") and fine of Rs. 1,000/, in default of payment of fine, the appellant shall undergo further sentence of simple imprisonment for three month. The appellant has been acquitted for the charge u/s. 135 (1) of the Bombay Police Act.

(3.) A complaint was filed by the complainant, Lalji Suraji Thakor, interalia alleging that on 06.12.2005 at about 9:15 p.m. the complainant along with Gopal Bhiya, Bharatbhai Thakore and Somabhia Thakore were sitting near the temple of Jogani Mata, after dinner. At that time, the present appellant and his friend Raju Vaghari came in drunken condition and started fighting and abusing each other. It is further alleged that at that time one Hiraji Savaji Thakore had come and asked both of them not to quarrel. However, they did not stop quarreling. It is further alleged that the complainant intervened and tried to separate them. He took Raju from the place of incident and when he came back, he saw that Hiraji Savji way lying on the floor and blood was oozing out from him. Therefore, Hiraji Savji was taken to the hospital. However, during the course of the treatment said Hiraji Savji died. Thereafter, the complainant lodged the complaint before the Madhupura police station