RAMESHBHAI KANTUBHAI HADPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this appeal, original accused has challenged the judgement and order dated 15.12.2011 passed by the learned Sessions Judge, Navsari in Sessions Case No. 24 of 2011 whereby the trial court has convicted the accused under Section 302 of Indian Penal Code and sentenced him for life imprisonment and fine of Rs. 5000/- in default simple imprisonment for two years.

(2.) It is the case of the prosecution that on 14.02.2011, the complainant had gone to sell fish towards Sonwadi village and returned home at 08.00 pm. At that time, the complainant came to know that some dispute had taken place between his cousin and the accused. It is the case of the prosecution that the accused had beaten the deceased by soda bottle as the accused was under the impression that the deceased was having illicit relations with the accused's wife. A complaint was therefore registered by the complainant with Gandevi Police Station which was numbered as Cr. - I No. 9 of 2011.

(3.) Mr. Yogendra Thakore, learned advocate appearing for the accused appellant has submitted that though the case against accused cannot be said to have been proved inasmuch as there is no sufficient evidence found against him, he does not dispute the same but has restricted his arguments to alteration of conviction imposed upon accused under Section 302 of IPC to one under Section 304(Part I) of IPC. It is submitted that, this Court may consider the fact that out of the two injuries sustained by the deceased as per column no. 17 of the post mortem report only one injury proved fatal whereas the other injury was merely a bruise and accordingly the conviction under Section 302 of Indian Penal Code may be altered to one under Section 304 (Part I) of Indian Penal Code and impose suitable punishment as this court may think fit.