GOPAL CHHAGANLAL BHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 1. The instant appeal is preferred by the appellant under Section 374 of the Code of Criminal Procedure, 1973 ( the Code for short) against the judgment and order delivered by the learned Additional Sessions Judge, Ahmedabad City, Court No. 10 on 22. 9. 1999 in Sessions Case No. 379 of 1998 whereby the present appellant being accused of the said Sessions Case came to be convicted by the trial Court for the offence punishable under Section 302 of IPC and has been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 250/-, in default, to undergo rigorous imprisonment of 15 days.

(2.) THE present appellant was charged for the offence punishable under Section 302 of IPC as well as Section 135 (1) of the Bombay Police Act. Learned trial Judge was pleased to acquit the accused for the offence punishable under Section 135 (1) of the Bombay Police Act.

(3.) ACCORDING to the brief facts of the prosecution case, the incident took place on 11. 8. 1998 at about 1. 25 a. m. after midnight at Bhilvas area, near Water Tank in the city of Ahmedabad. It is the case of the prosecution that PW Ganeshkumar Shantilal, PW Purshottambhai Arjanbhai, PW Murli Hotchand and other persons who belonged to Home Guard Squad were on duty of patrolling in that area. They were going towards Indira Bridge Circle. When they reached near Water Tank, Bhilvas, they noticed two persons grappling with each other near one Pan Galla. These two persons were deceased Mohanbhai @ Challi Sobhrajmal and the present appellant/accused. The accused had Gupti in his hand and he was inflicting Gupti blows on the body of the deceased, while deceased Mohanbhai was shouting for help. While all the three Home Guards noticed this incident, they approached these persons and apprehended the accused and asked his name etc. They came to know that the deceased was abusing the accused and, therefore, the accused inflicted the blows by Gupti on the person of the deceased. The deceased was in bleeding condition and had five injuries. The deceased was unconscious and in the meantime, the three other Home Guard personnels reached there. Ganeshkumar Shantilal, who is the complainant in the case, requested the other three Home Guards to inform Sardarnagar Police Station. The three Home Guards went to Sardarnagar Police Station and informed Vashrambhai Jethabhai, Head Constable. In the meantime, the Police Inspector, Sardarnagar Police Station reached at the spot and recorded the complaint of Ganeshkumar Shantilal. The arrangement was made to send injured Mohanlal to the hospital and when he reached at the hospital, he was declared dead.