THE STATE OF GUJARAT Vs. OGHADBHAI KANABHAI BHIL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of acquittal dated 25.08.2006 passed by the learned Additional Sessions Judge, Bhavnagar, Camp at Mahuva in Sessions Case No. 128 of 2005 whereby, the respondent herein -original accused is convicted under Sections 304, Part -II, 323 of the Indian Penal Code and Section 135 of the Bombay Police Act and was awarded 4 years imprisonment for offence under Section 304, Part -II of IPC, 1 day's imprisonment for offence under Section 323 of IPC and 7 day's imprisonment for offence under Section 135 of the Bombay Police Act.

(2.) IT is the case of the prosecution that on 26.07.2004, at around 06:00 to 06:30 in the evening, the accused and the deceased were quarreling with each other for dispute regarding boundary of the agricultural field. They had heated exchanges between them. At that time, the accused got angry and gave stick blow on the head of the deceased, as a result of which the deceased got serious head injuries and succumbed to it. The stick was having iron round at the end of it. Accordingly, for the said alleged offence, a complaint came to be lodged.

(3.) LEARNED APP Ms. Shah for the appellant -State taken us through the evidence of Dr. Jagsaran Ramdev Shrivastav, PW No. 2 at Exh. 10, wherein he has described head injuries to the deceased of 8 cm and corresponding two injuries in the brain, which were sufficient to cause death. Learned APP also taken us through the evidence of independent witness -Shivabhai Laxmmanbhai -Exh. 13, who was the complainant and the injured witness and contended that in view of the evidence on record, this is a fit case where accused ought to have been convicted under Section 302 of IPC.