RAVISHANKER @ RAKESH SHREE RAMPRASAD GUPTA Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
Ravishanker @ Rakesh Shree Ramprasad Gupta
STATE OF GUJARAT
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(1.) THE appellant has challenged the judgment and order dated 10.04.2003, passed by the Additional Sessions Judge, Court No.19, Ahmedabad, in Sessions Case No.173 of 2002, whereby he was convicted for the offence punishable under Sections 302 of the Indian Penal Code (for short "the IP Code") and sentenced to undergo life imprisonment and fine of Rs.500/, in default, further rigorous imprisonment for six months. No separate sentence has been imposed for the offence punishable under .
(2.) THE case of the prosecution as disclosed during the trial is that on 16.09.2002 at about 22:30 hours, the appellant had a quarrel with the deceasedThakore Prasad near Mitheles Pan center in connection with outstanding amount of plastic dye finishing and the appellant inflicted knife blow on the vital organ of the deceased. As a result, he succumbed to to injuries. A complaint in respect of this incident was lodged by Rajitbhai Shreeram Yadav. In pursuance of this complaint, FIR vide Amravadi Police Station ICR No.436 of 2001 came to be registered.
(3.) THE investigation was taken up and after usual investigation, chargesheet came to be filed against the appellant. The offences committed by the appellant were exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court at Ahmedabad under Section 209 of the Code, where it was registered as Sessions case No.173 of 2002. Charge vide Exhibit1 came to be framed against the appellant. He pleaded not guilty and claimed to be tried.
In order to bring home the charge against the appellants, the prosecution examined the following witnesses:
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