MAHESH JERAM MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant was interalia sentenced to life imprisonment and fine of Rs. 2000/- in default simple imprisonment for two months by impugned judgement and order dated 12.08.2005 in Sessions Case No. 32 of 2004 by the learned Presiding Officer, 6th Fast Track Court, Gondal for the offence punishable under section 302 of IPC.

(2.) BEFORE the court below, it was testified amongst others, by P.W. 10, P.W. 14, P.W. 15 & P.W. 18 that the appellant assaulted the deceased on 26.01.2004 at about 05.00 or 05.30 in the evening. The blow given by him was as grave as it could pierce through the intestine of the deceased.

(3.) MR . Pathak, learned advocate for the appellant submitted that the appellant was a young boy aged around 19 years and that the evidence of none of the witnesses was credible as admittedly they were friends of the deceased and obviously therefore they were bound to depose in his favour. It was submitted that because of the past enmity on account of the deceased's uncle having eloped with the sister of the assailant, the score was sought to be settled. He, therefore, contended that that this was a clear case of acquittal or in the alternative one under section 304(II) of IPC, the appellant having no intention or knowledge to eliminate the deceased.