- (1.)THE present appeal is filed by Rameshbhai Kaluji Borana (Marwadi) being aggrieved by the decision of the Court of Sessions, Gandhinagar whereby he has been convicted under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life with fine of Rs. 20,000/ -.
(2.)BRIEFLY stated, the prosecution was that the deceased Champaklal Kaluji was the resident of Ahmedabad and was serving as a conductor with the vehicle No. GJ. 18u-6444 which was owned by the father of P. W. No. 5 Exh. 31 Prakashbhai Fulabhai Marwadi. It is further case of prosecution that the accused-appellant Shri Rameshbhai Kaluji Marwadi was the driver of the said truck. The accused was employed by the father of Prakashbhai Fulabhai Marwadi as a regular driver. However, the services of the deceased were obtained by the accused as well as the father of P. W. No. 5 as and when the necessity arose. It is the case of prosecution that on the day of incident i. e. on 19th June, 2005 at about 13. 00 hours the Police Station, Dehgam, received an information about the dead body lying near the Parmeshwar Cold Storage and accordingly inquiry under Section 174 was entrusted. It is the case of the prosecution that Shri Shaharbhai Khumabhai, Buckle No. 1140 was entrusted the inquiry about the accidental death of the deceased, as his dead body was noticed and informed to the police lying near to the Parmeshwar Cold Storage.
(3.)THE Trial Court, after considering the case of the prosecution, has initiated trial proceedings on the basis of the aforesaid facts and came to the conclusion that the accused is guilty of causing of death of Champaklal Kaluji and has convicted and sentenced the accused appellant as aforesaid. The Trial Court, after considering the case of the prosecution, has found the following circumstances to have been established:
(1 ). The deceased Champaklal was alive in his house on 18th June, 2005. (2) The deceased Champaklal was serving as conductor with the truck owned by father of P. W. No. 5 (3) The accused has called upon the deceased for going to Surat from his house on 18th June, 2005 (4) The accused and deceased has left for Dehgam for loading the potato on 18th June, 2005 (5) The deceased was alive upto 17. 05 hours on 18th June, 2005 with the company of the accused (6) The deceased and accused were lastly seen together by P. W. No. 5 and P. W. No. 3 on 18th June, 2005 (7) The deceased was found dead on 19th June, 2005 near to Parmeshwar Weigh-Bridge (8) The dead body has been examined by the experts on 20th June, 2005. (9) The experts arrived that the deceased must have died between 36 to 48 hours from conducting the post-mortem.