MASKUR ALAMKHAN BAHADURKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal filed under Section 374 of the Code of Criminal Procedure ('the Code' for short) is to the correctness of the judgment and order dated 28.4.2006 rendered in Sessions Case No. 5 of 2004 by the learned Additional Sessions Judge (Presiding Officer and Fast Track Court No.12), Vadodara. By the impugned judgment and order, the appellant ('the accused' for short) has been convicted for commission of the offence under Section 304 Part II of the Indian Penal Code ('IPC' for short) and sentenced to suffer imprisonment for ten years and fine of Rs.50,000/ -, and in default of payment of fine, imprisonment for a further period of six months. The order also stipulates that from the amount of fine of Rs.50,000/ -, Rs.25,000/ - shall be paid to the father and mother of the victim boy, Mahendra Ratansinh Solanki.

(2.) THE prosecution case, as disclosed from the hospital vardhi and unfolded during trial, is as under:

(3.) MR . M.M. Tirmizi, learned advocate for the accused, has assailed the impugned judgment and order of conviction and sentence mainly on three grounds: