BRIJRAM Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) FEELING aggrieved and dissatisfied with the impugned judgment and order dated 2.5.2005 passed by the learned Additional Sessions Judge, Fast Track Court No. 2, Vadodara in Sessions Case No. 233 of 1999 convicting the appellant herein - original accused for the offences punishable under Section 302 of the Indian Penal Code and under Section 135 of the Bombay Police Act and imposing sentence of life imprisonment and fine of Rs. 5000/ - and in default to suffer one month simple imprisonment for the offence punishable under Sections 302 of the Indian Penal Code and four month simple imprisonment and fine of Rs. 500/ - in default three days simple imprisonment for the offence punishable under Section 135 of the Bombay Police Act, the original accused No. 1 has preferred present Criminal Appeal.

(2.) THAT on the basis and pursuant to the complaint given by one Ranvijaysinh Rampalsinh Visen (Thakore) PW No. 11, which was registered by the Fatehganj Police Station as CR - No. 26 of 1995. The Investigating Officer of Fatehganj Police Station initiated investigation against the original accused for the offences punishable under Sections 147, 148, 149, 307, 302, 120 -B of the Indian Penal Code and Section 135 of the Bombay Police Act. That the said FIR was given by the original complainant at about 14.05 hours on 28.01.1995 for the offences alleged to have been happened at 11.00 hours on 28.01.1995. It was alleged in the FIR/complaint that there was a quarrel between the accused persons and deceased Mahendramal Gurkha and Suresh Gupta and others. It was alleged that on the date of incident when the complainant and his other friends where at the school the accused came there started quarreling and caused for quarrel was one girl Sonalben who were studying with them. It was alleged that at that time Kaliyo @ Brijram (original accused No. 1) gave knife blow on Mahendramal Gurkha and thereafter on Suresh Gupta. It was further alleged in the complaint that he was knowing all the accused. It was alleged that both the injured were taken to hospital. It was alleged that Mahendramal Gurkha was declared dead by the Doctor and Suresh Gupta who was seriously injured was admitted to hospital. That during the course of investigation, the Investigating Officer of Fatehganj Police Station recorded the statement of the witnesses including the parents of the deceased Suresh etc. That during the course of the investigation, the Investigating Officer also collected the documentary evidence. That during the course of investigation, the Investigating Officer also discovered the knife alleged to have been used by the original accused No. 1 Kaliyo @ Brijram at the instance of all the accused. That the dying declaration of the deceased Suresh Gupta was also recorded by the Executive Magistrate. At this state, it is required to be noted that Suresh Gupta who sustained serious injuries caused by the original accused No. 1 - Kaliyo @ Brijram who was immediately admitted to the Hospital, succumbed to the injuries after approximately a month due to septicemia.

(3.) PRESENT appeal is opposed by Shri Himanshu Patel, learned Additional Public Prosecutor for the respondent State. Shri Patel, learned Additional Public Prosecutor appearing on behalf of the State has vehemently submitted that in the facts and circumstances of the case no error has been committed by the learned trial Court in holding the original accused No. 1 guilty for the offences punishable under Section 302 of the Indian Penal Code and Section 135 of the Bombay Police Act.