KESHAV PUNJA PATIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant came to be convicted by Sessions Court, Surat for the offence of murder of one Ganesh Sonwane, allegedly committed by him on July 20, 1997 at about 0445 hours in Zenith Mill, Surat by pouring boiling hot water over the deceased causing him burns. The Sessions Court, while rendering judgment in Sessions Case No.110 of 1998 dated 27th November, 1998, sentenced the appellant to undergo imprisonment for life and to pay a fine of Rs.1,000/ -, in default, to undergo S.I. for 30 days. Aggrieved by the said judgment and order, the original accused has preferred this appeal.

(2.) THE facts of the case, in brief, are that the appellant and Ganesh Vanabha Sonwane were working in Zenith Mill. They had some quarrel in the early morning hours of 20th July, 1997, while they were working together. They were separated by co -workers and thereafter, Ganesh was sleeping by the boiler. Around 4.45 a.m., it is alleged that the accused appellant poured steaming hot boiling water over the deceased, as a result of which he suffered 30 -40 degree superficial burns. He was taken to E.S.I. hospital where he was appropriately treated. While he was under treatment at the E.S.I. hospital, he expired on 3rd August, 1997. During this period, the police was informed and police recorded an F.I.R. from the deceased himself. Offence was registered and investigated and ultimately, chargesheet was filed in the Court of J.M.F.C., Surat. J.M.F.C., Surat, in turn, committed the case to the Court of Sessions as the offence was triable exclusively by the Court of Sessions and Sessions Case No.110 of 1998 came to be registered.

(3.) WE have heard learned advocate Mr. Mangukiya for the appellant so also learned APP Mr. Rawal. We have been taken through the record and proceedings by both the sides in support of their respective submissions.