SURSING SHUKABHAI BAMNE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order dated 27.03.2012, rendered by the learned 5th (Adhoc) Additional Sessions Judge, Surat, in Sessions Case No. 108 of 2011, whereby the appellant (original accused) has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 ("IPC") and sentenced to undergo life imprisonment.

(2.) The case of the prosecution, based upon the compliant dated 19.04.2011, filed by Lalsing Ranjabhai Tarole, is as follows: On 19.04.2011 at about 8:00 am, the complainant, along with his team of labourers, came to the sugarcane field of Arvindbhai Kathiawadi for the purpose of cutting sugarcane. They worked for the entire day cutting sugarcane and in the evening, at about 7:00 pm, they started loading the sugarcane in Truck No. GRV7251. The complainant was also engaged in the work of loading the sugarcane in the truck, along with other labourers. At about 8:30 pm, the truck was almost full with bundles of sugarcane and only a little work of loading was left over. The deceased, Jiksingh Satarsing, was handing over the sugarcane from the lower portion of the truck to the accused, who was standing on the upper portion of the truck. At that point of time, the deceased told the accused to work faster, to which the accused answered that he had worked in the heat the whole day and was tired. The accused further told the deceased not to hurry as he would fall ill. A somewhat normal exchange of words took place between the accused and the deceased, to which the complainant did not pay much attention. The deceased again told the accused to hurry up. The accused abused the deceased, upon which the deceased asked the accused "will you beat me, or what?". The deceased then started climbing up to the upper portion of the truck where the accused was standing. At that point of time, the accused, who had a "Koyta" (an implement used for cutting sugarcane - hereinafter referred to as "sickle") in his hand, gave a blow with it on the neck portion of the deceased, who fell down. The complainant and others present there, saw that the deceased had died. In the hue and cry that followed, the accused ran away from the field. The complainant and other labourers ran after the accused in order to catch him but he escaped. Thereafter, the complainant returned to the field and the police was called. An FIR, being C.R. No. I45/2011 was registered at Olpad Police Station and the investigative machinery swung into motion. Upon finding sufficient material against the accused, a Charge-sheet for the offence punishable under Sec. 302 of the Penal Code was submitted in the Court of the learned Judicial Magistrate. The case was committed to the Sessions Court where the Charge, at Ex.6, was framed against the accused. In his reply, the accused denied the charge.

(3.) The prosecution examined fifteen witnesses and led documentary evidence in order to prove its case.