NARESHBHAI LALJIBHAI @ LALABHAI KAHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal, under section 374 of the Criminal Procedure Code (for short 'the Code') is directed against the judgement and order dated 15.10.2007 passed by the learned Additional Sessions Judge, Fast Track Court No. 6, Bhavnagar in Sessions Case No. 74 of 2007 whereby the appellant was convicted for offence punishable under sections 302, 449, 354, 323 & 504 of Indian Penal Code. The learned Sessions Judge vide impugned judgement and order directed the appellant to suffer imprisonment as under: <FRM>JUDGEMENT_215_LAWS(GJH)8_20141.html</FRM>

(2.) THE brief spectrum of the prosecution case against the appellant as unfolded during the trial is that on 28.11.2006 at about 04.00 pm the appellant was speaking filthy words near the house of the complainant Vasantben Ramjibhai Makwana and when witness Rajeshbhai Ramjibhai asked him not to speak filthy words he was assaulted and thereafter the appellant armed with wooden plank came to the house of the complainant and gave blow on the head and right leg of deceased Ramjibhai Raiyabhai Makwana - the husband of complainant as a result of which he suffered serious injuries. The appellant also caught hold of complainant by her hair and gave kicks and fist blows to her. The deceased Ramjibhai succumbed to the injuries sustained by him during treatment at Sir T. Civil Hospital, Bhavnagar.

(3.) WE have heard Mr. Madan Singh Barod, learned advocate appearing for appellant and Mr. HS Soni, learned Public Prosecutor appearing for respondent State. We have been taken through the ocular and documentary evidence extensively by learned counsel appearing for either side.