LOHANA RUPESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge is made to the judgment and order dated 29.11.2007 passed by learned Presiding Officer 6th Fast Track Court, Gondal camp at Jetpur in Sessions Case No. 123 of 2000 in this appeal whereby learned Presiding Officer has been pleased to convict the accused No. 3 and imposed the sentence upon him to undergo life imprisonment and fine of Rs. 25,000/- in default, further one year SI for the offences punishable under sections 302 of IPC, accused No. 3 is also ordered to undergo rigorous imprisonment for six months and fine of Rs. 1000/-, in default, two months simple imprisonment for offence punishable under section 135 of Bombay Police Act and ordered to run all the sentences concurrently.

(2.) The broad facts of the case are that on 28.9.2000 at about 205 hours Dr. Shri Gajera of Government Hospital, Jetpur has informed Jetpur City Police Station on telephone that Jeminpari Vilaspari Gosai, aged about 25 years, residing at Jetpur has approached for medical treatment as he sustained injuries in scuffle and he was referred to Government Hospital, Junagadh for further treatment and thereafter he was shifted to Rajkot Government Hospital. It is the case of the prosecution that Shri V.S. Jhala, PSI has informed Pradhyumannagar Police Station on phone that Tino Madhusudanbhai Luvana has inflicted injuries upon Jeminpari Vilaspari Gosai for some reason and as he sustained serious injuries, medical treatment was given to him in Jetpur Government Hospital and during the course of further treatment, Dr. Kavitaben declared him to be dead on 28.9.2000.

(3.) Therefore, FIR bearing CR No. I - 262 of 2000 came to be registered before the Jetpur City Police Station. In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the accused on 16.11.2000 which was numbered as Criminal Case No. 1944 of 2000.