HITESHKUMAR ISHWARBHAI LEUVA (VANKAR) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The judgment and order of conviction and sentence passed by the Sessions Judge (Main Court), Gandhinagar (hereinafter referred to as 'the trial Court'), in the Sessions Case No. 26 of 2012 on 14.06.2012 is under challenge in this appeal, whereby the trial Court has convicted the appellant (original accused) for the offence under Section 302 of IPC and Sentenced him to undergo life imprisonment and to pay fine of Rs. 10,000/-, and in default thereof, to undergo simple imprisonment for the period of six months.

(2.) As transpiring from the record, the case of prosecution before the trial Court was that the deceased Mitesh and accused Hitesh were friends, and were serving in the Mess of Airforce camp AT Chiloda, District Gandhinagar. On 10.12.2011 at about 9:30 p.m., they were talking casually and jovially, however, they suddenly picked up quarrel. The accused thereafter brought an iron rod and tried to assault Mitesh. The other employees present intervened and separated both of them. On the next day i.e. on 11.12.2011 in the morning hours, at about 07:15 a.m., when the said Mitesh was cleaning the store, the accused came with the knife and injured Mitesh severely by giving knife blows in his stomach and other parts of the body. As a result thereof, Mitesh started shouting and ran out of the room for the help. He thereafter was taken to the hospital by the Sargent, Airforce Shri Mohd. Noor Alam, and the other employee Shri Jagdishbhai Navjibhai at the Civil Hospital, Gandhinagar. Thereafter, he was shifted to the Civil Hospital, Ahmedabad, where he succumbed to the injuries.

(3.) The father of the deceased, complainant Somabhai Daljibhai Tabiyar lodged the complaint against the accused at the Chiloda Police Station, which was registered as I-C.R. No. 36 of 2011 on 11.12.2011, for the offence under Section 302 of Indian Penal Code and Section 135 of the Bombay Police Act. The Investigating Officer after completion of investigation, had laid the chargesheet in the Court of Additional Chief Judicial Magistrate, Gandhinagar, which was registered as Criminal Case No. 809 of 2012. The said case being triable by the Court Sessions, was committed for trial to the trial Court by Chief Judicial Magistrate as per the order dated 24.02.2012. The said case was registered as Sessions Case No. 26 of 2012 before the trial Court.