VINODBHAI POPATBHAI SATALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant, original accused, has challenged the judgment and order passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Amreli camp at Rajula, in Sessions Case No. 01 of 2009 dated 05.10.2010, whereby, the appellant herein, original accused, has been convicted for the offence punishable under section 302 and 324 of the Indian Penal Code (for short, "the IPC") and under section 135 of the Bombay Police Act.

(2.) LEARNED advocate for the appellant has fairly submitted that he is not disputing the presence of the appellant at the scene of offence. He is also not disputing the fact that the death of the deceased was a homicidal death, but relied on the postmortem note and contended that the accused had inflicted only one blow on the chest of the deceased, therefore, this Court may consider the case of the present appellant under section 304 (Part I) or (part -II) of the IPC.

(3.) HEARD 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 prosecution has examined PW -2 -Dr. Rashmikant Mansukhlal Joshi at Exhibit -14, who has conducted the postmortem of the dead body of the deceased. He has categorically stated that death was caused due to cardio respiratory arrest on account of shock and stab wound. In column No. 17 of the postmortem note, the injuries described as under: - -