SHAH DEEPAKKUMAR MANGALDAS Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
Shah Deepakkumar Mangaldas
STATE OF GUJARAT
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(1.) This appeal is directed against the judgment and order passed by the learned Addl. Sessions Judge, Fast Track Court No.2, Camp at Kalol in Sessions Case No.24 of 2010 dated 29.12.2010 whereby, the appellant, original accused, has been convicted for the offence punishable u/s.302 IPC and has been sentenced to undergo imprisonment for life and fine of Rs.5000/ and in default, SI for one month.
(2.) The Facts In Brief Are As Under; The original complainant, Ashokbhai Ramnaresh Kushwah, is a resident of Building No.29, Nagdevnagar, Taluka Kalol, District Gandhinagar and is earning his livelihood by working as Mechanic at Arvind Mills, Khatraj. One Shivmolsinh Kesrisinh Rajput and the appellant herein were also serving in the same Mill.
2.1 On 03.02.2010 at around 1430 hrs., the complainant came to the busstand situated near Borisana Garnala, for going to the Mill. At that time, the two other employees named herein above also came there for going to the Mill. At around 1445 hrs., an argument relating to their work took place between Shivmolsinh and the appellant. During that time, the appellant got enraged and inflicted knife blow on Shivmolsinh. As a result, Shivmolsinh sustained severe injuries. The complainant intervened and stopped the assault. A crowd gathered at the place and some body shifted the injured to Kalol Civil Hospital.
2.2 A complaint in connection with the aforesaid incident was lodged with Kalol City Police Station vide IC.R. No.22 of 2010. Necessary investigation was done and the accused came to be arrested. At the end of investigation, chargesheet was filed against the accused before the trial Court. However, since it was a sessions triable offence, the case was committed to Sessions Court and ultimately, trial was initiated.
(3.) During the trial, the prosecution had examined the following witnesses;
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