GHASIRAM RUPABHAI MANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has filed the present appeal challenging the judgement and order dated 19.01.2012 by which he has been convicted and sentenced to undergo life imprisonment for offences under sections 302, 323 and 504 of IPC.

(2.) The charge is produced at Exh 5. According to the charge-sheet filed, on 10.03.2011 at 6:30 in the evening when the complainant Sursing Kalusing Mantar was passing by the house of the accused carrying hen in his hands, one bird accidentally escaped from his hand and went to the house of the accused.

(3.) The complainant Sursing Mankar has been examined as PW 2, at Exh 24. He is the brother of the deceased Bachubhai. On 10.03.2011, according to the version of the complainant in his testimony, when he was passing by the accused's house carrying hen in his hand, one bird accidentally escaped from his hand and entered the house of the accused. Ghasiram Rupabhai Mankar, the accused, with the stick in his hand hit Bachubhai on his head. Bachubhai having sustained injuries was shifted to the Thasra hospital. From Thasra hospital, he was shifted to the Nadiad hospital. Since he had sustained serious injuries, the doctor at the Nadiad hospital opined that he needed to be shifted to the Ahmedabad Civil Hospital. Having no money with him, the cousin who had accompanied the deceased, brought him back home at Sandheli. Next day morning on 11.03.2011 Bachubhai was shifted to the Ahmedabad Hospital and he succumbed to the injuries. Sursing, PW 2 lodged the complaint which is produced at Exh 25. The witness was cross examined. Nothing substantial has been elicited from the crossexamination of this witness.