BIPINCHANDRA RAMANLAL CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In these matters, challenge is to the judgment and order dated 07.08.2009 passed by the learned Addl. Sessions Judge, Court No.17, Ahmedabad City in Sessions Case No.105/2006 whereby, the original accused has been convicted for the offences punishable u/s.304 Part1, 294(B), 323 and 506(1) of Indian Penal Code ("IPC" for short).

(2.) The facts in brief giving rising to the filing of present appeals are as under; It is the case of prosecution that Gaurangbhai Ramanlal Chavda, the original complainant, who happens to be the elder brother of accused herein, filed a complaint on 25.12.2003 inter alia alleging that the father of accused, namely, Ramanlal Narsinhlal Chavda, scolded the accused and had asked him to do some work. The accused could not tolerate that and got excited. He used abusive language and thereafter, damaged the motorcycle of the complainant with stick. When Ramanlal Chavda intervened, the accused inflicted a stick blow on his head and also assaulted the complainant. In the said incident, Ramanlal Chavda sustained severe head injury and ultimately, passed away.

(3.) A complaint in connection with the aforesaid incident was filed with Rakhial Police Station. Necessary investigation was carried out and statements of witnesses were recorded. At the end of investigation, chargesheet was filed against the accused before the trial Court. However, being a sessions triable offence, the case was committed to Sessions Court and trial was initiated.