VIJAYBHAI @ NAGI KALUBHAI MAKVANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present conviction Appeal has been filed by the appellant-original accused under Section 374(2) of the Cr. P.C., against the Judgment and order dated 30.01.2015 rendered by the learned Additional Sessions Judge, Bhavnagar, in Sessions Case No.215 of 2013, whereby the appellant-accused was convicted for the offence punishable under Section 304 Part-II of the Indian Penal Code and sentenced to undergo five years simple imprisonment with fine of Rs. 5000/-, in default of payment of fine, further simple imprisonment of six months and acquitted from the offence under Section 504 of the IPC and 135 of the Gujarat Police Act.

(2.) It is the case of the prosecution that on 208.2013 at about 22:30 o'clock, when Hareshbhai @ Bablu Parshurambhai Butani, Pankajbhai @ Bhandaro Sureshbhai Saantani, deceased Dinesh Nandumal Vagani and the complainant were sitting on "Otla" of Bebubhai Bakalawal at Rasala Camp, Opposite Sant Khanuram Templel, the appellant-accused came there on his Motorcycle No.GJ-4-BM-3631 and demanded mobile phone from the friend of the complainant-Dinesh. As deceased-Dinesh refused to give, the appellant-accused got exited and started giving abuses and gave knife blow on upper back side of the right leg of the deceased and thereby caused serious injury to him and deceased succumbed to be injury. The complaint lodged the complainant that the appellant-accused made breach of notification of District Magistrate.

(3.) The complaint was lodged by the complainant before the Bhavnagar 'A' Division Station vide C.R.No.I-145 of 201 The investigation was carried out and statements of witnesses were recorded. Postmortem was made by the doctor. Panchanama of scene of offence was drawn and arrest as well as recovery panchnama were prepared. Clothes of the appellant were recovered and Yadi was sent to FSL. Medical papers were tagged with the investigation papers. Thereafter, accused was arrested and after collecting sufficient evidence by the Investigating Agency, charge-sheet was filed before the learned Judicial Magistrate First Class, Bhavnagar, which was numbered as Criminal Case No.7311 of 201 As the said case was exclusively triable by the Court of Sessions, learned Chief Judicial Magistrate, Bhavnagar, committed the case to learned Sessions Judge, Bhavnagar, which was thereafter, numbered as Sessions Case No.215 of 201