ALLARAKHA BHURABHAI KATIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has been found guilty of commission of offence under Section 302 of Indian Penal Code and has been awarded life imprisonment and ordered to pay fine of Rs. 2000/ -, in default, to undergo simple imprisonment for three months by Additional Sessions Judge & Presiding Officer, FTC, Veraval vide judgement and order dated 25.06.2009 passed in Sessions Case No. 36 of 2007.

(2.) THE short matrix of the prosecution case is that on 22.05.2007 at about 1530 hours the appellant stopped the autorickshaw of the deceased Saiyed Najumiya Hussainmiya Siraji and demanded money which the deceased refused to pay. Therefore, the appellant attacked him with a knife and caused grievous injuries. The deceased died on 02.06.2007 during treatment. A complaint in respect of this incident was lodged by the deceased himself with Talala Police Station vide I -C.R. No. 63 of 2007 for the offences punishable under section 326 of Indian Penal Code and 135 of B.P. Act. However, pursuant to the death of the deceased, the appellant was charged with section 302 of Indian Penal Code.

(3.) MR . Pratik Barot, learned advocate appearing for the appellant submitted that the prosecution failed to prove the case against the appellant beyond reasonable doubt. He submitted that therefore there is no reason to believe that the appellant had committed the alleged offence.