CHETAN DAHYABHAI SHRIMALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 1006 of 2008 preferred by the accused is directed against the judgement and order of conviction dated 13.08.2007 passed by the Learned Additional Sessions Judge, Ahmedabad in Sessions Case No. 90 of 2006, whereby the original accused no. 1 has been convicted of the charges leveled against him under section 304(2) of Indian Penal Code and section 135 of B.P.Act. The original accused no. 3 has been convicted of the charges levelled against him under section 324 of Indian Penal Code and section 135 of B.P. Act.

(2.) It is the case of the prosecution that on 10.08.2005, at about 08.45 pm the deceased Amit and complainant Mukesh were passing by Sanjay Pan Parlour near Govind Society and at that time they saw that the original accused nos. 1 & 2 were fighting with each other. The deceased Amit inquired as to why those two were fighting. This infuriated the accused and they started quarrelling with the complainant. At that time, the original accused no. 6 came there and the accused nos. 1 & 6 inflicted knife blows upon the complainant and deceased. It further the case of the prosecution that at that time, the accused nos. 3 who was armed with sword attacked on the complainant and deceased. The accused nos. 2 & 5 gave kick and fist blows to the complainant and deceased. The victim Amit succumbed to his injuries.

(3.) Mr. M.B. Barot, learned advocate appearing for Mr. Tejas Barot for the accused has submitted that the trial court ought to have appreciated the evidences of Kunal Vinodbhai Parmar P.W. 15 Ex. 70 and Ashwin Maheshbhai Parmar P.W. 17 Ex. 72 who were the alleged eye witnesses. The said witnesses in their evidences clearly admitted that the deceased Amit and complainant came to Sanjay Pan Parlour and called the original accused no.1 and that thereafter some altercation took place between the complainant and the original accused no. 1. It was also admitted that the deceased Amit took a glass jar from the pan parlour and hit the same on the head of accused no. 6.