PAPPU RAMSEVAK SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order passed by the learned Additional sessions Judge at Ahmedabad in Sessions Case no. 96 of 2001, whereby the appellant-accused has been convicted for the offence punishable under Section 302 of IPC and sentence of life-imprisonment has been imposed upon the accused-appellant.

(2.) IT appears that as per the prosecution case, on 16-2-2001 at about 9. 30 in the night, the complainant and his wife were at their residence, watching T. V. At that time, his brother Umang in a drunken condition came to his residence and told him that he had dispute with Pappu and the said Pappu had given threat of killing him. The deceased took out Katar/knife from the idol of Kodiyar temple and at that time the complainant took away the Katar/knife and locked his brother deceased Umang in the room. There-after the complainant went to enquire about the dispute. At that time his friend Gopal informed him that the dispute was going on between his brother Umang and the accused. The complainant told Gopal that he had already locked his brother, but Gopal informed him that his brother was also there and the said dispute with Pappu - accused was going on. Therefore, the complainant went to enquire about the same in rickshaw. The complainant saw that his brother deceased Umang and Pappu were fighting physically with each other and the complainant with Ashok Marwadi separated them and the complainant took the deceased brother in a rickshaw and when it reached at rajendra Park four-roads, the accused pappu was standing nearby the lorry of mustakbhai by hiding himself and he took out the knife. Therefore, the complainant wanted to run away in rickshaw by driving fast, but at that time, the rickshaw was stuck in the clay and Pappu came running and the brother of the complainant deceased umang who was sitting in the back seat was given three blows by Pappu on his chest and the abdomen and thereafter the accused went away with the knife. The brother of the complainant Umang was carried to the hospital and at that time the doctor declared him dead. Thereafter the police recorded the complaint and the investigation was also made. After framing charge, the prosecution in support of the case, examined following witness :-Sr. Names pw exh. 1. Manish Vinodchandra Suthar pw-1 5 2. Dr. Dipakkumar Champaklal Jagani pw-2 15 3. Yogesh Jagannath Joshi pw-3 17 4. Babubhai Keshavlal Chavda pw-4 18 5. Pramodbhai Ambalal Suthar pw-5 23 6. Ramswarupsinh Balusinh Puvar pw-6 24 7. Amrutbhai Punjabhai - Head Constable pw-7 31

(3.) THE prosecution had produced, with the charge-sheet, the documents in support of its case.