RAMABHAI S PARGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has been convicted for the offence punishable under Section 304 Part-I of IPC and sentenced him to undergo rigorous imprisonment of seven years and fine of Rs. 1000/-, in default, to further undergo simple imprisonment of one month and also convicted for the offence under Section 135 of the Bombay Police Act and sentenced him to suffer simple imprisonment of one month and fine of Rs. 100/, in default, to further under undergo simple imprisonment of 10 days by the learned Addl. Sessions Judge, Fast Track Court, Panchmahals, at Godhra, vide his judgment and order dated 24. 1. 2003. The said judgment and order is under challenge in this appeal. By the said judgment and order, the present appellant was acquitted for the offences punishable under Sections 326, 323, and 114 of IPC.

(2.) IN brief, the prosecution is that, the incident in question had taken place on 17. 3. 2002 in village Jagoda, Taluka Fatehpura, Dist. Dahod in the morning at about 8 O'clock when the present complainant and his uncle were standing near their house and discussing with regard to the cutting of grass as well as harvesting of the corn crops from the field of the father of the complainant, Savabhai, the present appellant along with two other accused persons came there and picked up quarrel. It is alleged that the present appellant-accused was having a stick and he hit on the head and other parts of body of the father of the complainant and when the uncle of the complainant rushed to rescue, the other accused also gave blows by sticks to his uncle Devabhai as a result of which, both of them fell down and sustained injuries. When the complainant tried to snatch the sticks from the accused, they gave stick blows to him and as he screamed, all the accused persons went to their houses. As a result of sustaining serious injuries, the father of the complainant, Savabhai died on the spot, whereas the uncle of the complainant Devabhai received wound injuries requiring 3 to 4 stitches. The injured were removed to the hospital and the complaint was lodged before the Senior Police Sub Inspector, Fatehpura Police Station and the offence was registered and at the end of investigation, the charge sheet was filed against the accused persons for the offences punishable under Sections 302, 326, 323, 114 of IPC and under Section 135 of the Bombay Police Act before the learned Judicial Magistrate, First Class, Santrampur.

(3.) THE learned Judicial Magistrate, First Class, Santrampur, committed the said case to the Court of Sessions, as Section 302 of IPC is involved, he has no jurisdiction to try the same.