SHAILESHBHAI MAGANBHAI VAGHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the learned Additional Sessions Judge, Fast Track Court No. 2, Bharuch dated 6th August 2009 passed in Sessions Case No. 99 of 2008.

(2.) The appellant was put to trial for the offences punishable under Section 302 and 504 of IPC read with Section 135 of the Bombay Police Act and he came to be convicted for these offences under Section 235(2) of the Code of Criminal Procedure and is directed to suffer imprisonment as under: <FRM>JUDGEMENT_192_LAWS(GJH)6_2014_1.html</FRM>

(3.) The brief resume of the prosecution case as emerging from the evidence led before the lower Court is that on 7th June 2008 at about 20.00 hours the original complainant - Pankajbhai Sureshbhai , deceased - Kamleshbhai Arjunbhai Rathod and the appellant Shaileshbhai Maganbhai Vaghri went to the sugarcane farm of one Rajendrasinh K. Chauhan, situated in the sim of village Sajod for irrigation purpose. At about 9 PM all the three persons were having their dinner when the appellant accused asked the original complainant - Pankajbhai Sureshbhai Rathod to check the water. In the meantime, the appellant and deceased - Kamleshbhai Arjunbhai Rathod had an altercation. The appellant got enraged and inflicted two blows on the head of the deceased - Kamleshbhai by means of spear. The deceased succumbed to the injuries. The original complainant - Pankajbhai Rathod lodged the complaint in respect of this incident with Ankleshwar Rural Police Station being C.R. No.I 68 of 2008 for the offence punishable under Sections 302 and 504 of the Indian Penal Code read with Section 135 of the Bombay Police Act against the appellant accused.