MASURBHAI PUSHIYABHAI MACHHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant challenging his conviction under section 302 read with section 452 of the Indian Penal Code by judgment and order dated 31.12.2010 passed by learned Additional Sessions Judge, Dahod, in Sessions Case No.122/2009.

(2.) Charge was framed at exh.2 by the learned Additional Sessions Judge, Dahod. It was the case of the prosecution that on 1.8.2009, at 1:00 in the afternoon, the accused Masurbhai Pushiyabhai Machhar entered the house of the complainant, picked up an axe lying closeby and inflicted blows on the head of the complainant's father Havjibhai Vajabhai Pargi. As a result of this blow, Havjibhai, father of the complainant, succumbed to such injuries. Accordingly, the appellant accused was charged with offences punishable under section 302 read with section 452 of the IPC.

(3.) Dr. Rohitkumar Tersinhbhai Damor, Prosecution Witness No.11, was examined at exh.27. He was the medical officer of the Community health centre at Fatehpur. On 2.8.2009, he received a police yadi for performing postmortem of the body of deceased Havjibhai. He carried out the postmortem. He had recorded the external injuries in column no.17 of the postmortem report. According to this witness, the injuries which were antimortem, were in the nature of sharp cutting wound on left side of the ear and on the left side of temporal mandible bone and parietal bone. The deceased had further sustained sharp cutting wound on the back at parietal occipital region. The internal injuries were also stated in the report. According to the opinion of the doctor, cause of death was shock due to intracranial hemorrhage caused by injury to vital organ (brain). The postmortem report has been produced at exh.29.