RAVJIBHAI GALABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 8-4-86 passed by the Additional Sessions Judge, Kheda at Nadiad in Sessions Case No. 161 of 1985. The learned, Additional Sessions Judge has held the appellant guilty of an offence punishable under Section 302 I.P.C. and has awarded Rigorous Imprisonment for life.

(2.) One Khodabhai Fulabhai and Arvindbhai Fulabhai are residing in the same house and running a shop in the rear portion of their house. Khodabhai resides with his father Fulabhai while his other brother is residing separately. Deceased Ramabhai is the first cousin of the complainant. On 17-9-85, at about 6.30 a.m., complainant Khodabhai opened his shop. At that time, his brother Arvindbhai was with him. About 12.00 noon, deceased Ramabhai came to purchase beedi. At that time, appellant and other accused came there and asked for beedi from deceased Ramabhai and there was exchange of words and abuses. At that time, appellant taking the side of Mafatbhai, gave a blow of danti on the chest of Ramabhai and Ramabhai fell down. Thereafter, the information was conveyed to the complainant, who came on the spot and found that Ramabhai is dead and a first information was lodged.

(3.) On the basis of the F.I.R., the investigation proceeded with and the appellant along with other accused were charge-sheeted under Section 302 read with Sections 34 and 504 I.P.C. as well as under Section 135 of the Bombay Police Act. The learned Additional Sessions Judge, after hearing the parties and appreciating the evidence led by the prosecution, acquitted the other accused and convicted the appellant and awarded sentence, as referred above.