CHAKABHAI @ SHANKARBHAI MANGABHAI HALPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order passed by the learned Sessions Judge, Navsari in Sessions Case No. 36 of 2005 dated 08.12.2005 whereby, the original accused, appellant herein, was convicted for the offence punishable u/s.302 of Indian Penal Code (for short, "the IPC") and sentenced to undergo rigorous imprisonment for life and fine of Rs.5,000/ and in case of default in making payment of fine, he was sentenced to undergo rigorous imprisonment for a further period of one year. The appellant was given the benefit of set off.

(2.) THE facts, in a nutshell, are as under; Nileshbhai Dalabhai Aahir, the complainant herein, was working in a cattle farm belonging to one Jagubhai Bhanabhai. On 23.07.2005 while the complainant was cleaning the farm, the appellant herein came at the farm to sell some fodder. While the appellant was returning after selling fodder, Naresh Hirabhai Aahir, who was residing in the house belonging to his fatherinlaw, Vestabhai Dahyabhai Aahir and situated adjacent to the said cattle farm, asked the appellant as to why he was collecting fodder from the agricultural field of his fatherinlaw and selling it. On hearing the same, the appellant got enraged and picked up a quarrel with Naresh Hirabhai Aahir. Thereafter, the appellant picked up a stick kept on the bicycle and inflicted a stick blow on the rightside chest region of Naresh Hirabhai Aahir. On account of the above blow, Naresh sustained severe injury and fell down. Immediately thereafter, the complainant and residents of the nearby area rushed to the scene of offence. By that time, the appellant fled the scene. The members of the crowd examined injured Naresh and found him to be dead. Therefore, a complaint in connection with the aforesaid incident was lodged against the appellant.

(3.) DURING the course of trial, the prosecution examined seven witnesses, viz. Dr. Kishorchandra Bhanushankar Trivedi as PW1 at Exhibit6, Dr. Vidhyalaxmi D. Larokar as PW2 at Exhibit7, Nileshbhai D. Aahir as PW3 at Exhibit12, Dipakbhai Bhikubhai Aahir as PW4 at Exhibit14, Mukeshbhai Chanabhai Aahir as PW5 at Exhibit16, Shobhanaben Ratilal Patel as PW6 at Exhibit18 and Bhagirathsinh Vanrajsinh Gohil as PW7 at Exhibit20. The prosecution produced several documentary evidence and placed reliance, more particularly, upon the medical evidence and complaint at Exhibit13. At the end of trial, the Sessions Court passed the impugned judgment and order, which is under challenge in this appeal.