JIVANBHAI KHUSHALBHAI AHIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been filed by the appellant under Sec. 374 of Code of Criminal Procedure, 1973 against the judgement and order of conviction passed by the learned Additional Sessions Judge and Presiding Officer, First Fast Track Court, Valsad, (hereinafter referred to as "the learned Trial Court") in Sessions Case No. 78 of 2006 on 14/12/2006, whereby, the learned Trial Court has convicted the appellant for the offence punishable under Sec. 325 of the Indian Penal Code and the appellant has been sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs.25,000.00 and in default, to undergo further simple imprisonment for six months.

(2.) The brief facts that emerge from the record of the case are as under:

(3.) Being aggrieved and dissatisfied with the said judgement and order, the accused has filed the present appeal mainly stating that as per the case of the prosecution, the accused had caused injury on the back of the head and the neck portion of Lallubhai Budhabhai Ahir on 11/6/2005 at about 18.30 hours and the said Lallubhai Budhabhai Ahir died on 6/7/2005. That there is no nexus between the injury caused by fist and hand and the learned Trial Court has not appreciated the entire evidence in proper perspective. That there are huge lacunas in the evidence of the prosecution and the evidence is not sufficient to bring home the guilt of the accused. The injuries that were caused by the accused, as per the case of the prosecution, are simple in nature and are not caused by any kind of weapon, as allegedly, the same have been caused by fists and kicks. That the Medical Officer who has examined the injured at the first point in time has stated that the injuries were simple in nature. That there was no intention or motive of the accused and the learned Trial Court has not considered all these aspects in proper perspective. That the incident, as per the case of prosecution, had taken place on the Otta of the house of the complainant and there are other houses nearby but no statement of independent witnesses have been recorded by the police and no independent witnesses have been examined by the prosecution. That the prosecution has not been able to prove the direct nexus between the injuries caused to the deceased and his death and by no stretch of imagination, can it be said that the accused had caused any grievous injuries by fists to bring home the guilt under Sec. 325 of Indian Penal Code. That the judgement and order of conviction and sentence passed by the learned Trial Court is illegal and erroneous and the same is required to be set aside and the accused must be acquitted of the said offence.