VIRAPPA S/O HANUMANTAPPA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 3.2.2007 passed by the learned Addl. Sessions Judge, Fast Track Court No. 4, Jamnagar in Sessions Case No. 91/2006, whereby, the learned trial Judge has convicted the appellant under sec. 302 of IPC and sentenced to undergo R/I for life and to pay a fine of Rs. 1000/-, in default, to undergo further imprisonment for six months, which is impugned in this appeal.

(2.) 1 The case of the prosecution is that the appellant was residing in the house of Ranabhai Karabhai at village Vibhapar in Bharvadvas along with Mahmad Nadimmiya Saifuddin Shaikh with other persons. That on 12.5.2006, at about 11.00 p.m. in the night, there was a quarrel between appellant and witness Bhimsha Nigrappa Dhangar and the appellant had given slap to Bhimsha, at that time, complainant Mahmad Nadimmiya Saifuddin Shaikh had intervened and favoured the witness Bhimsha and gave slap to the appellant. That keeping grudge in mind, the appellant had assaulted the father of the complainant deceased Nadimmiya Saifuddin Shaikh, who was sleeping in the terrace of the house, at about 1.00 O'clock to 2.30 O'clock in the night, with cement block and caused serious injury on the head of the deceased. Thereafter, the injured was first taken to Oswal Hospital and thereafter G.G. Hospital, Jamangar, where the doctor has declared him as dead. Thereafter the complaint was filed.

(3.) Thereafter, after examining the witnesses, further statement of the appellant-accused under sec. 313 of CrPC was recorded in which the appellant-accused has denied the case of the prosecution.