FOGATLAL PARSHOTTAM SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction and sentence dated 3-9-1987 passed by the learned Additional Sessions Judge, Bharuch in Sessions Case no. 96 of 1986 against the appellants whereby the learned Judge convicted the appellant no. 1-Fogatlal Parshottam Solanki and sentenced him to suffer (i) R. I. for four years and fine of Rs. 500/-, in default, R. I. For six months for the offence punishable under Section 304, Part II, and (ii) R. I. for six months and fine of Rs. 200/-, in default, R. I. for one month while the appellant no. 2-Prastaklal Fogatlal Solanki was convicted under Section 323, IPC but released on admonition under Section 3 of the Prohibition of Offenders Act.

(2.) BRIEFLY stated, the facts of the prosecution case are as under:

(3.) TO prove its case against the appellants accused, the prosecution has examined as many as eleven witnesses and also produced documentary evidence in the form of complaint, Panchnama of the scene of offence, inquest Panchnama, Panchnama of seizure of Muddamal articles used in the commission of offence, post mortem notes etc. After recording of evidence of prosecution witness was over, the learned Judge recorded the statements of the appellants under Section 313 of the Criminal Procedure Code which are at Exhs. 3, 4, 5 and 6 wherein the defence of the appellants accused was of total denial. The appellant no. 1 has also submitted his written statement (Exh. 41) wherein his case was that the police has recorded false complaint at their whims.