RUSHIKUMAR BALKRUSHNA BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Having been sentenced to life imprisonment and ordered to pay fine of Rs. 2000/ - in default to undergo imprisonment for three months for the offence under section 302 of Indian Penal Code by impugned judgement and order dated 01.03.2011 passed by the learned Additional Sessions Judge, Fast Track Court No. 3, Bhavnagar at Mahuva in Sessions Case No. 151 of 2004 with Sessions Case No. 29 of 2005, the appellant ­ original accused in Sessions Case No. 151 of 2004, being aggrieved, is before this Court questioning the impugned judgment and order.

(2.) The case of the prosecution as per charge at Ex. 11 is that on 01.05.2004 at about 1600 hours the deceased and complainant had gone to their field for collection of fodder on bicycle and thereafter visited another field whereby accused no. 2's field was there. It is the case of the prosecution that the deceased and complainant passed by and accused no. 1 started abusing them. The deceased and complainant asked them not to abuse but accused no.1 got excited and he picked up a wooden log lying there and hit the complainant on his leg. In the meantime, accused nos. 2 to 4 grabbed the neck and pressed it and thereafter accused no. 1 gave the deceased a push as a result of which he fell down and thereafter accused no. 1 mounted upon the deceased and pressed his neck thereby causing his death. A complaint in respect of this incident was lodged by Dharmendrakumar Bhatt ­ P.W. 1 with Talaja Police Station vide I -C.R. No. 43 of 2004 for the offences punishable under sections 302, 323, 504, 506(2) and 114 of Indian Penal Code and 135 of B.P. Act.

(3.) We have heard Mr. B.M. Mangukiya, learned advocate appearing for the accused and Ms. C.M. Shah, learned APP appearing for State of Gujarat. We have gone through the oral as well as documentary evidence available on record.