KIRITBHAI KANUBHAI CHUNARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Section 374(2) of Code of Criminal Procedure, 1973 arises out of judgment and order of conviction and sentence dated 15.10.2010 to undergo the sentence for life imprisonment and fine of Rs.500/- and in default of the same further imprisonment for 15 days as imposed by learned Fast Track Court No.4 at Vadodara in Sessions case No. 112 of 2009 of the offence under Sections 302, 325, 504, 114 of Indian Penal Code and under Section 135 of Bombay Police Act.

(2.) The brief facts of the case of prosecution have basis in FIR filed as offence is disclosed initially for Sections 325, 504, 114 of Indian Penal Code. Upon death of the injured who succumbed to injuries Section 302 came to be added. That, on 15.1.2009 around 16:00 hours i.e. the next day of Uttarayan in the area on Kishanwadi, Jayambe Street in Vadodara, when complainant Govindbhai Pratapbhai Pateliya and deceased Mukeshbhai Pratapbhai Pateliya were flying kites in the roof of their house, a kite had fallen nearby their house and was picked up by children of the area, but one Jigneshbhai Jagdishbhai Jaiswal snatched away the kite. Meanwhile, a quarrel had taken place with the present accused Kiritbhai Kanubhai and Jigneshbhai Jaiswal. In fact, complainant Govindbhai Pateliya and deceased Mukeshbhai Pateliya both had persuaded the present accused and another one not to quarrel but without paying any heed, the accused herein and another person started giving blow of stick and particularly, the accused herein is alleged to have hit a horizontal wooden bar connected with Charpoi/cot upon right parietal region of Mukeshbhai which resulted into fracture of skull causing grievous injuries and immediately Mukeshbhai was hospitalized at SSG Hospital, Vadodara. Upon deterioration of his condition he was then admitted to Kalavati Hospital. While receiving the treatment he died around 18:25 hours on 16th January, 2009 and accordingly, FIR was registered at Panigate Police Station, Vadodara. That necessary investigation followed after drawing panchnama of scene of offence, recording statements, visiting the place of crime and hospitals, medical certificates were issued and inquest panchnama was drawn and dead body was sent for autopsy/postmortem and further seizure panchnama of body of the deceased, clothes and other procedure was followed including that of recovery of muddamal weapon allegedly used for the crime and at the end of the investigation charge-sheet was filed and later on case was committed to the Court of Sessions and was tried accordingly.

(3.) Upon framing of charge and denial of guilt by the accused evidence namely, written as well as oral was taken into consideration. Upon hearing the arguments canvassed by learned APP as well as learned counsel for the defence and appreciation of the evidence, the learned trial Judge found the evidence convincing and clinching so as to establish guilt of the accused and manner in which wooden log was hit on vital part of the body resulting into skull fracture and hemorrhage which was also a cause of death as per postmortem report. After relying on various decisions of the Apex Court and this Court as produced by learned counsels, it was held that an offence was made out to convict and sentenced the accused under Section 302 by awarding life imprisonment and order was passed.