PRADUMANSINH KALUBHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant Pradumansinh Kalubha, along with others was tried for the murder of the Keshav Uka on 12-2-1978 and acquitted by the Trial Judge. On appeal by the State, the High Court of Gujarat convicted the appellant for the offence under Section 304, Part II of the Indian Penal Code and sentenced.him to undergo imprisonment for a term of five years. The appeal by special leave is directed against such conviction and sentence.

(2.) The occurrence happened at about 6.00 p.m. in Piplawala Chowk just in front of a shop. The prosecution case briefly stated is this:Keshav Uka was a Harijan painter residing in a Harijan Colony to the north of the Chowk. The Durbars of the village had strained relationship with Harijaris and there had been tension since the last six months prior to the occurrence on account of the boycott by the Harijans of the cinema theatre owned by Anopsinh, brother of the appellant. The deceased along with two others was on his way to get brush and Datan. While he had been turning towards the entrance, he unwittingly brushed with the appellant, who had been passing along with the other two accused. Infuriated by the collision, the appellant scolded the deceased, drew out his knife and dealt a blow on his chest. The other two accused dealt biows on the companions of the deceased and caused injuries. They slipped away from the place while the deceased fell down with bleeding injury. He was immediately rushed to the hospital and thereafter to the Nursing Home of Dr. Thakkar where Gayatri Devl gave some first aid. Keshav Uka was removed to the Government Hospital, Rajkot. He succumbed to the injuries on the way.

(3.) The crime was registered against the accused persons on recording the statement of Jivabhai who was on the spot along with Purshottam. The injured persons also arrived at the Police Station while the statement was being recorded. The crime originally registered for the offence under Section 307 was altered to Section 302. After investigation the three persons were chargesheeted.