RAMESHBHAI MANUBHAI GHODIA PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this appeal, the appellant - original accused has challenged the judgment and order dated 19.05.2011 arising from Sessions Case No.46 of 2010 passed by the learned Sessions Judge, Navsari whereby the present appellant - original accused was convicted for the offence punishable under Section 302 of Indian Penal Code and has been sentenced to undergo life imprisonment and fine of Rs.10,000/, and in default to undergo simple imprisonment for two years. The sentences were ordered to run concurrently and the accused was given the benefit of setoff.

(2.) It is the case of the prosecution that on 28.07.2010 at about 04:00 p.m. Near Bamanwada Village, the accused Rameshbhai and the deceased Harishbhai Chimanbhai at the residence of the complainant Chunilal Bhimabhai Patel were teasing and making mockery with each other and at that time the accused did not like the said comments and did not tolerate it and started fighting with the deceased and thereby the accused had given three blows of spade to the deceased which has resulted into the death of the deceased.

(3.) During the trial, the prosecution had examined the following witnesses and adduced 16 documentary evidence. <FRM>JUDGEMENT_150_LAWS(GJH)5_2016.htm</FRM>