LAKHABHAI NAGABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Having been sentenced to life imprisonment for the offence under section 302 of Indian Penal Code by impugned judgement and order dated 12.12.2007 passed by the learned Additional Sessions Judge, 1st Court, Amreli - Camp at Rajula in Sessions Case No. 03 of 2005, the appellant, being aggrieved, is before this Court questioning the impugned judgment and order.

(2.) It is the case of the prosecution that on 05.09.2004 while the accused person was driving the Chhakda rickshaw and the deceased was coming from the opposite side in a Rajdoot motorbike and both the vehicles collided with each other. The deceased received injuries in the said accident and finally succumbed to the same.

(3.) Mr. Pravin Gondaliya, learned advocate appearing for the appellant contended that the trial court ought not to have convicted the accused for the offence punishable under section 302 of Indian Penal Code as it is not a case of murder but mere accident. He submitted that no FIR was lodged by the injured person or by brother of the injured person against the accused. He submitted that after about six days, a complaint came to be registered for offence punishable under Sections 279, 304A & 337 of Indian Penal Code wherein chargesheet was filed for offence under section 302. He submitted that even no material or evidence had been collected by the prosecution to frame charge under Section 302 of Indian Penal Code. He submitted that considering the nature of injuries the case of the appellant would not fall under section 302 of Indian Penal Code and therefore the impugned judgement and order deserves to be quashed and set aside.