RAJESHBHAI CHHAGANBHAI MACHHI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present conviction Appeal has been filed by the appellant­original accused, under Section 374(2) of the Cr. P.C., against the Judgment and order dated 14.10.2010 rendered in Sessions Case No.74 of 2007 by the learned 2 nd Additional Sessions Judge, Bharuch 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 rigorous imprisonment with fine of Rs.1000/-, in default of payment of fine, further rigorous imprisonment of two months.

(2.) It is the case of the prosecution that the appellant is the cousin of the deceased Shankar alias Ganpat Khushalbhai Machhi Patel and they are residing in a small village of Bharuch District named Shuklatirth. The appellant is a young person of 30 years. According to the case of the prosecution, on 10.04.2007, when the deceased Shankar asked for dinner to his mother Maniben, she asked him to wait for sometime, so the deceased got angry and started quarreling with her. They both came out of their house fighting and hurling abuses. At that time, the accused Rajesh Chhaganbhai Machhi Patel was standing in his Varandah. He asked the deceased that why he is hurling abuses. The deceased replied that he is abusing in his own home, why other should bother. Hearing this, the accused Rajesh got excited, he went inside home, got a spade and hit it with its backside on the head of the deceased. Bleeding was started due to the said injury and he fell down. The accused, then, went inside his home. The mother of the deceased took him to the Shuklatirth outpost, but returned as the policeman was not present. On the next day, the deceased was given first aid treatment. On 12.04.2007, the brother in law of the deceased and the father of the accused and their relatives arrived at a written compromise to the effect that they will not file the complaint and the accused will bear the expenses of the treatment of the deceased. On 13.04.2007, the deceased was admitted to a private hospital named Veer Surgical Hospital of Dr. Dilip Patel. On 16.04.2007, the deceased was discharged from the hospital. Although, his condition deteriorated and he was then, admitted to the Civil Hospital, Bharuch on 21.04.2007. On the same day, the complaint was registered at Nabipur Police Station by the father of the deceased. On 21.04.2007, at 11:15 p.m., when the deceased was admitted in the Civil Hospital, Bharuch, he was examined by Dr. A.D. Chauhan. He had opined that the deceased had titans and therefore, he needed acute treatment. He, then, was referred to the SSG Hospital, Vadodara for further treatment, as there was no separate ward for such treatment. The deceased, then, died there on 27.04.2007.

(3.) Thereafter, the investigation was carried out and statement of the witnesses were recorded. Place of the panchnama and inquest panchnama were drawn. Dead body of the deceased was sent to the hospital and postmortem of the deceased was carried out. Panchanam of physical condition was drawn. Medical papers were also tagged with the investigation paper. Muddamal was also recovered under Section 27 and then, the said muddamal was sent to the FSL and FSL report was also obtained. Thereafter, appellant- accused was arrested.