HANIFBHAI ISMAIL KHATKI 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, Fast Track Court No.6, Rajkot, in Sessions Case No.200/1997 dated 31.03.2004, 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"), under section 3 (1) (10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( for short, "the Atrocities Act") and under section 135 of the Bombay Police Act.

(2.) THE short facts of this case are that a complaint was filed by the complainant Dayabhai Danabhai Harijan, deceased, on 26.8.1997, inter alia alleging that on 25.08.1997 at about 20:45 pm. when he was going toward old bus station the appellant herein, and two unknown persons have beaten him. He further stated that appellant herein had inflicted knife blow on his abdomen.

(3.) LEARNED advocate for the appellant has submitted that the trial Court has passed the impugned judgment and order without appreciating the evidence on record. She further contended that the trial Court has committed error in holding by the cause of death of the deceased was on account of injuries inflicted by the appellant herein.