ANJANA PATEL ABBERAJ PHULABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this appeal under Section 374 of the Criminal Procedure Code, 1973 ("Code" for short, hereinafter), appellant, who is the original accused, has assailed the order of conviction and sentence recorded by the learned Sessions Judge, Banaskantha, at Palanpur, on 8-3-1985, in Sessions Case No. 45 of 1984.

(2.) A few material facts may be stated at the outset so as to appreciate the merits of this appeal. The appellant, who is the original accused, was residing at village Bharkavada, and was doing agricultural operations at the relevant time. The prosecution has, inter alia contended that there was a joint well, wherein, the accused and the deceased Aljibhai Karimad and one Ibrahim Karimad, had equal share. The pipe line for drawing water from the said joint well was also common. Of course, there were two separate electric motors. There were also small kundis. On 9-4-1984, the deceased had gone to the field in the early morning. At that time, accused was also present. There was some dispute between the deceased and the accused with regard to the drawing of water from the common well. The prosecution alleged that the accused abused and insulted the deceased. He tried to prevent the deceased from taking water. Subsequently, two blows with a wooden log (dhoka) were given on the person of the deceased. Thereafter the accused pushed the deceased down in the well. The alleged incident occurred in the early morning, at about 4 o' clock. The deceased who was pushed down in the well had sustained injuries. He was taken out of the well and shifted to the hospital, where his statement was recorded by the Executive Magistrate, and later on, the injured succumbed to the injuries, at about 11 p. m. on the same day.

(3.) On the aforesaid facts, the accused was charged in the Sessions Court for the offence punishable under Sections 504 and 302 of the Indian Penal Code. The prosecution relied on as many as 11 prosecution witnesses.