JAYESHBHAI LALLUBHAI SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant - original accused was inter alia sentenced to undergo life imprisonment and was ordered to pay fine of Rs. 1,000/ -, in default rigorous imprisonment for one year for offence punishable under section 302 of Indian Penal Code by impugned judgement and order dated 01.07.2009 in Sessions Case No. 151 of 2008 by the Additional Sessions Judge, Fast Track Court No. 4, Vadodara. The appellant - accused was acquitted of the charges levelled against him under sections 201 & 504 of Indian Penal Code. The accused was given benefit to set off. The accused is the elder son of the deceased - Lallubhai Kalyanjibhai Sharma. As per the prosecution case, the accused was unemployed and always used to pick up fights at his house on trivial issues. On 15.09.2007, at around 06.00 pm, when the complainant and deceased were present at their house, the accused came from outside and demanded Rs. 10/ - from the complainant but as the complainant had only Rs. 5/ - with her she gave that money to the accused and thereafter went to prepare tea for the deceased. The complainant then went upstairs to give tea to deceased and at that time the accused followed her upstairs and started quarreling with the complainant. Thereafter, he snatched away the cup of tea from the deceased's hands and started beating him. He picked up an aluminium strip which was lying nearby and started beating the deceased with it. The complainant tried to intervene but the accused abused her and proceeded to assault her and therefore being afraid the complainant ran downstairs. The accused then went out of the house. Thereafter, the complainant went upstairs and saw that the deceased was lying in an unconscious state. The complainant therefore informed her younger son who called the doctor. The doctor came to the house of deceased and after checking him declared him dead. A complaint was thereafter lodged by the complainant.

(2.) MR . Mrudul Barot, learned advocate appearing for the appellant submitted that the trial court has not appreciated the facts, evidence and circumstances of the case in its true perspective which has ended in miscarriage of justice. He submitted that the trial court has erred in holding that the prosecution has proved its case beyond reasonable doubt against the present appellant.

(3.) WE have gone through the judgement and order passed by the trial court. We have also perused the oral as well as documentary evidence perused by the trial court and also considered the submissions made by learned Advocates for both the sides. As per the latest decision of the Apex Court, we have appreciated, re -appreciated and re -evaluated the evidence led before the trial court in its entirety but we are unable to persuade ourselves to take a different view than the one taken by the trial court. In light of the decision of the Apex Court, it shall be relevant for us to rediscuss the evidence of crucial prosecution witnesses.