VINODRAI RAMNIKIAL SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and order dated 29th April, 1986 passed by the Sessions Judge, Amreli, in Sessions Case No. 12/86 convicting the appellant-accused for the offence under Section 304, Part I of Indian Penal Code and imposing the sentence of R.I for ten years and a fine of Rs. 500/- in default three months R.I., the appellant has filed this appeal.

(2.) At the time of admission, the learned advocate for the appellant-accused submitted that taking into consideration the evidence on record, he would not be in a position to challenge the conviction of the accused, but he submitted that the conviction of the accused under Section 304 Part I is illegal and against the law laid down by the Supreme Court. R. & P. was called for. After perusing the R. & P. and at the request of the learned advocates for the appellant as well as for the State the appeal was fixed for hearing today.

(3.) In this case the accused was charged with the offences punishable under Section 302 of the Indian Penal Code and Section 135 of the Bombay Police Act on the allegation that on 30th August, 1985 at about 6-15 to 6-30 p.m. in the town of Amreli he caused injury by a knife to deceased Ashok Popat with an intention to cause his death and thereby he has committed an offence punishable under Section 302 of the Indian Penal Code. It is the prosecution version that the informant Mukesh Kumar Amrit Lal Chavda (Ex. 13) cousin brother of deceased Ashok Popat, Dhirubhai Pratapbhai, Mansukh Meghji and deceased Ashok Popat were standing in Giriraj Chowk after seeing a picture at O.P. Talkies and were chitchatting. At that time the accused Vinodrai Ramniklal Soni was passing thereby. He called the deceased aside and gave a knife blow. Mukesh Kumar has further stated that one Panna D/o Kantibhai Sopariwala was studying with the deceased and that the accused was telephoning her in the name of the deceased and, therefore, there was quarrel between the deceased and the accused before 2 days of the date of the incident. Eyewitness Mansukhbhai Meghjibhai Ex. 14 has supported the prosecution version. But in the cross- examination he has stated that at the relevant time there was altercation between the deceased and the accused and they were abusing each other and that as the accused asked the deceased to come aside, he went along with the accused. Thereafter the accused gave him a knife blow. The third witness Dhirubhai Ex. IS also states that there was a quarrel between the accused and the deceased at the relevant time. The aforesaid evidence is corroborated by Medical evidence. It leaves no doubt that the accused caused injury by a knife to the deceased, which resulted in the death of Ashok Popat.