KUMBHAT KANABBHAI POPATBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant is the original accused in Sessions Case No. 159/1989 in which he is found guilty for the offence punishable under Sec. 302 of IPC for committing murder of one Jorubhai Dadbhai and the accused has therefore challenged his conviction under Sec. 302 of IPC and sentence for Life Imprisonment recorded by the Ld. Addl. Sessions Judge, Bhavnagar in the aforesaid sessions trial on 18.9.1991.

(2.) . Short but relevant spectrum of facts of the prosecution case giving rise to this appeal may be articulated at the outset with a view to appreciate the merits of the appeal and challenge against it.

(3.) . On 17.10.1989 an incident occurred in the enclosed wada of Gokul Ruda in village Pipardi, Taluka Botad of Dist. Bhavnagar. The appellant is the original accused and is therefore hereinafter referred to as "the accused" for the sake of convenience and brevity who was aged about 22 years where as deceased-Jorubha aged about 17 years who had gone to the venue of offence for playing cards. The Vada of Gokul Ruda was locked from outside and it was open to sky with four walls of about 6 Ft in hight. They therefore had jumped into it and had gone for playing cards on the day of incident. They were doing labour work of diamond polishing in a diamond factory of one Kalubhai Jadhavbhai. The complaint came to be lodged by one Kanubhai Dadhbhai before the PSI, Botad.