BABURAM VIDESHIBHAI SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed against the judgment and order dated 20.08.2011 passed in Sessions Case No. 61/2010 by the learned Addl. Sessions Judge, City Civil and Sessions Court, Ahmedabad City whereby, the appellant, original Accused No. 1, has been convicted for the offences punishable under Sections 302 and 294(B) of Indian Penal Code (for short, "the IPC") and Section 135 of Bombay Police Act.

(2.) The facts in brief are as under; Vijayadevi, the complainant herein and wife of Bholaprasad Durjanprasad Varma, was residing along with her husband and children in the area known as Ramnagar-Bhilwada, Amraiwadi, Ahmedabad. The appellant herein was also residing in the same locality along with his family. On 14.08.2009 at around 2230 hrs. Bholaprasad Varma, the husband of complainant, returned home and parked his auto-rickshaw in front of the house. During that time, the appellant came out of his house and questioned him as to why he was parking the vehicle at that place. An altercation took place between the two and the appellant got enraged. On hearing the shouts, the complainant and other members rushed to the place. The appellant, who was carrying a sword with him, inflicted a sword blow on the head of Bholaprasad. When the complainant intervened, the appellant inflicted kick and fist blows on her also. As the husband of complainant had sustained severe injuries, he was rushed to the Hospital. However, during the course of treatment, he expired.

(3.) Mr. Barot learned Counsel for the appellant submitted that the Court below has not appreciated the evidence on record in its proper perspective. He submitted that only interested and related witnesses were examined, who would naturally support the prosecution story. No independent witnesses were examined. Therefore, the Court below ought not to have recorded conviction relying on their evidence.