SURSINH MANSINH JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant ("the Accused" for short) and other 8 accused were charged and tried by the learned Additional Sessions Judge, District Kheda at Nadiad for commission of the offences punishable under Sections 143, 147, 148, 149, 323, 324, 302 and 504 of the Indian Penal Code ("IPC" for short) on the accusation that they formed an unlawful assembly with a common object to cause grievous hurt to the complainant PW1 Laxmansinh Jenabhai Jadav and his family members, and in furtherance of their common object, they attacked the complainant and his family members by giving stick blow, as a result of which the complainant's son Champaksinh Laxmansinh sustained stick injuries on his head and succumbed to the said injuries.

(2.) At the end of the trial, the Accused was found guilty of the offence of murder of Champaksinh Laxmansinh, punishable under Section 302. He was, therefore, convicted vide judgment and order dated 26.2.1999 and sentenced to imprisonment for life and fine of Rs.1000/- and in default of payment of fine RI for 3 months.

(3.) The Accused, aggrieved by the judgment and order of conviction and sentence, has filed the instant Appeal with the aid of Section 374 of The Code of Criminal Procedure ("the Code" for short).