JENAJI MANAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred this appeal to challenge judgment and order of conviction and sentence passed against him by the Ld. Addl. Sessions Judge, Mehsana in Sessions Case No. 161 of 1996 dated 3/1/1997. By the said judgment the appellant has been convicted for offence under section 302 of the Indian Penal Code for short 'IPC') and he has been sentenced to suffer imprisonment for life and to pay fine of Rs.1,000.00, in default to undergo RI for six months. He has also been convicted for offence under section 307 of the IPC and sentenced to suffer RI for five years and to pay fine of Rs.500.00, in default to undergo further RI for three months. The appellant was tried alongwith three original accused who have been acquitted by the learned trial Judge. It appears that no acquittal appeal is filed to challenge their acquittal.

(2.) Case of the prosecution, in nutshell, can be stated as under :-

(3.) We have heard Mr. J. S. Yadav, learned advocate for the appellant and Mr. R C Kodekar, Ld. APP for the respondent - State. Mr. Yadav has submitted that the finding given by the learned trial Judge that the appellant is guilty of committing offence made punishable under section 302 of the IPC is erroneous. He has further submitted that considering the evidence and in particular the medical evidence, it is very clear that the deceased has died of infection and there is no direct nexus between the injury and the death. In other words the deceased has died of peritonitis and, therefore, the appellant cannot be held guilty of offence under section 302 of the IPC. Lastly he has submitted that the appeal be allowed and the appellant be acquitted.