MUKESHBHAI GINUBHAI NINAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals arise from the same judgment of the trial Court. Therefore, they are being disposed of by this common judgment.

(2.) THE appellants of these two appeals were tried for offence punishable under Section 302 of Indian Penal Code in Sessions Case No.112 of 2007. The learned Additional Sessions Judge, by judgment and order of sentence dated 22.8.2008, convicted the appellant -Mukeshbhai Ginubhai Ninama of Criminal Appeal No.2720 of 2008 and directed him to suffer rigorous imprisonment for life and to pay fine of Rs.2,000/ -, in default to further suffer imprisonment for six months with benefit of set off while the respondents of Criminal Appeal No.2942 of 2008 Maheshbhai Babubhai Ninama and Babubhai Valjibhai Ninama came to be acquitted.

(3.) THE prosecution case as unfolded during the trial before the lower Court is that on 23.5.2007 at about 6.00 in the evening, when the deceased Kantilal Babubhai Kharadi, resident of Nna Dodisara, Taluka Bhiloda was going for a marriage procession, at that time, the accused has pushed the deceased and gave blow with dagger because of which he succumbed to the injuries. The offences vide Bhiloda Police Station C.R.No.I -57 of 2007 for the offence punishable under Section 302 of Indian Penal Code came to be registered against the accused persons.