MANJIBHAI DHANJIBHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 30/04/2007, passed by the learned Additional Sessions Judge, Gandhidham, in Sessions Case No. 55 of 2004, whereby, the appellant herein - original accused came to be convicted for the offence punishable under Section 302 r/w. Section 300 Part (IV) of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced to undergo life imprisonment and a fine of Rs.10,000/ and in default of payment of fine, to undergo further simple imprisonment for two year. The accused was also convicted for the offence punishable under Section 506(2) of the IPC to undergo rigorous imprisonment for four years and a fine of Rs.5,000/ in default of payment of fine, to undergo simple imprisonment for six months. Accordingly, present appeal has been filed by the appellant - original accused against conviction.

(2.) Brief facts of the prosecution case are that on 15/04/2004, the appellant - original accused, when was performing his duties as ASI and in view of ensuing Parliamentary elections, with a view to taking preventive measures, arrested one Devo @ Devendra Vasantlal Thakkar under Section 110(g) of the Criminal Procedure Code, 1973 (for brevity, 'the Code') and deceased Dineshsinh @ Bako Navubha Jadeja being the friend of the arrestee, so as to get him released, the deceased, along with other two persons, went to the Police Station. At Police Station, there was exchange of words between the deceased and the accused pursuant to which, the accused fired from his service revolver on the chest of deceased Dineshsinh. The accused also threatened to do to death to the other two persons, if they would not go away from there. Thus, the accused committed the alleged offence for which, a complaint came to be lodged against the accused.

(3.) We have heard Mr. K. V. Shelat, learned advocate for the appellant - original accused and Ms. C. M. Shah, learned Additional Public Prosecutor, for the respondent State.