MAHBULLASHA MAHMADSHA SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant " original accused has filed the present appeal challenging the judgment and order dated 31st January 2003 passed by the learned Additional Sessions Judge, Fast Track Court No. 2, Bharuch in Sessions Case No. 147 of 2002. By the said common judgment the learned Sessions Judge convicted the accused - appellant of for the offence punishable under Section 302 of IPC and sentenced them to undergo RI for life with a fine of Rs. 1,000/- in default to further undergo RI for three months. The learned Sessions Judge also convicted the accused - appellant of for the offence punishable under Section 394 of IPC and sentenced them to undergo RI for 10 years with a fine of Rs. 500/- in default to further undergo RI for two months.

(2.) THE case of the prosecution is that the accused " appellant was working as a cleaner on tanker bearing registration No. MH-04-AL-2076 and deceased was its driver. That during the period between 14. 00 hours of 24th June 2002 and 11. 30 hours of 25. 6. 2002 when the driver of the tanker was changing the wheel of the tanker on the sim of village Asuriya and when the quarrel took place between the accused and the deceased with respect to changing of the wheel, accused got excited and gave stick blow on the head of the driver because of which deceased died on the spot. The accused thereafter wrapped the dead body of the deceased in a blanket and thrown it away in the nearby bushes and fled from the scene of offence.

(3.) THE Investigating Officer after conducting the investigation submitted the report under Section 173 of the Criminal Procedure Code. The learned Judicial Magistrate First Class, committed the case to the Court of Sessions as the case is exclusively triable by court of Sessions. The learned Sessions Judge framed the Charge. The accused pleaded not guilty and claimed to be tried. Therefore, the learned Sessions Judge vide impugned judgment and order convicted the appellant accused as indicated herein above.