HARDAS DHANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants-accused were convicted vide judgment and order passed by the learned Additional Sessions Judge, Jamnagar dtd. 29/4/2003 in Sessions Case No.77 of 1991 for the offence under Sec. 304 Part II read with Sec. 34 of the I.P.C and sentenced to undergo rigorous imprisonment for three years and a fine of Rs.500.00, in default of payment of fine, to further undergo simple imprisonment for two months.

(2.) The facts of the case can be succinctly laid down as under:

(3.) Learned Advocate Mr. M.M. Tirmizi submitted that as per the FIR, the deceased had been injured on legs due to the stick blows, however, as per the statements dtd. 15/7/1989, the complainant had stated before the investigating agency that the deceased had been injured by "stones" and "kharpiya (hoe)". Therefore, the complainant had shown different weapons and injuries before the investigating agency. This creates material contradiction in the prosecution case, making the evidence laid down by the prosecution as unreliable.