ASHOK ATMARAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The incident happened on 9th June 1978 near the Naka of Navgadhia Sheri in Golvad at Surat wherein one person namely deceased Kanchanlal alias Ichchhu Bhagwandas lost his life and two persons namely complainant Mohanlal Bhagwandas who is the brother of the deceased and witness Jashwant Hiralal who is the cousin of the deceased received injuries by means of a sharp cutting instrument.

(2.) The person who is alleged to have caused the death of the deceased and inflicted those injuries on the two injured witnesses a young man aged 21 years of age named Ashok Atmaram Rana was put up for trial before the learned Additional Sessions Judge Surat in sessions case No. 189 of 1978 and he has been convicted of the offences under secs. 302 326 and 324 I.P.C. and has been sentenced to imprisonment for life R.I. for two years and R. I. for six months for the aforesaid offences respectively with a direction that all the substantive sentences shall run concurrently. He was however acquitted for the offence under sec. 135 of the Bombay Police Act for which also he was tried.

(3.) Mr. Chinoy formulates his submissions as under :