RAMANBHAI BHIKHABHAI MACHHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appeal is at the instance of a convict accused of the offence under Section 302 of the Indian Penal Code and is directed against the order of conviction and sentence dated 15th April 2009 passed by the Additional Sessions Judge, Anand, in Sessions Case No. 102 of 2008.

(2.) BY the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the IPC and consequently sentenced him to suffer life imprisonment and a fine of Rs. 1,000/ -. In default of payment of fine, the appellant was directed to undergo further simple imprisonment for six months. The learned Additional Session Judge also found the appellant guilty of the offence punishable under Section 135 of the Bombay Police Act and consequently sentenced him to suffer imprisonment for one month.

(3.) IT appears that on 23rd March 2008 during the course of the treatment, the deceased succumbed to the injuries. On the strength of the complaint lodged by the PW8 Maheshbhai, the investigation had commenced. The FIR lodged by the PW8 was registered for the offence under Section 326 of the Indian Penal Code and Section 135 of the Bombay Police Act vide C.R. No. I -143 of 2008. As the injured succumbed to the injuries on 23rd March 2008, Section 302 of the Indian Penal Code was subsequently added.