PRADIPSINH DHOLUBHA ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeals assail the judgment and order dated 09/09/2005 passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Surendranagar in Sessions Case No. 41 of 1995, whereby, while acquitting the original accused Nos. 1, 2 and 4 of the charges levelled against them, the learned trial Judge was pleased to convict the appellant of Criminal Appeal No. 2134 of 2005 - original accused No. 3 for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced him to undergo life imprisonment and a fine of Rs. 5,000/- and in default of payment of fine, to undergo further rigorous imprisonment for two years. Accordingly, Criminal Appeal No. 2134 of 2005 has been filed by the original accused No. 3 against conviction whereas, Criminal Appeal No. 1624 of 2006 has been filed by the State against acquittal of original accused Nos. 1, 2 and 4.

(2.) Brief facts of the prosecution case are that on 01/03/1995 at about 9:30 a.m. when deceased Balvantsinh Jhala was at his field situated in the sim of village: Khandiya of Limdi taluka, at that time, the accused came there by a tractor bearing registration No. GRM-7219 having trolley attached bearing registration No. GRX-9608. The accused No. 3 was driving the tractor, whereas, the accused Nos. 1, 2 and 4 were sitting in the trolley. The accused Nos. 1, 2 and 4, on seeing the deceased, told to kill the deceased by ramming over the tractor and hence, the accused No. 3, started the tractor and rammed over the deceased, due to which, the deceased sustained serious injuries and ultimately, succumbed to the injuries and for the said alleged offence, a complaint came to be lodged against the accused for the offence punishable under Sections 302 r/w. 34 of the IPC.

(3.) We have heard Mr. Ashish M. Dagli, learned advocate for the appellant - original accused No. 3 and Ms. C.M. Shah, learned Additional Public Prosecutor, for the State.