- (1.)THE present appeal has been filed by the appellant " original accused No. 1 challenging the judgment and order dated 23rd May 2003 passed by the learned Additional Sessions Judge, Court No. 2, Ahmedabad City in Sessions Case No. 181 of 2002. By the said judgment and order the learned Additional Sessions Judge acquitted original accused Nos. 2 and 3 and convicted the appellant " accused No. 1 for the offence under Section 302 of IPC and sentenced him to undergo life imprisonment with a fine of Rs. 1,000/-, in default to further undergo RI for six months.
(2.)BRIEFLY stated the case of the prosecution is that on 28th May 2002 at about 10. 45 PM deceased Anand and his wife Chandrikaben had quarreled and the altercations were going on and during the course of the altercations it was alleged that deceased " Anand Kanjibhai Solanki was assaulted by the present appellant with cricket bat on his head. When mother of the complainant had tried to intervene and she was also given a blow by the cricket bat. It is also alleged that when Pravinbhai, a neighbour tried to intervene, Pravinbhai was given blow on his head with cricket bat by the present appellant.
(3.)DURING the course of treatment, Gangaben died on 30th May 2002 while Anandkumar, husband of Chandrikaben died on 4th June 2002 during the course of treatment. Pravinbhai Mangalbhai also died during the course of treatment on 5th June 2002. On the basis of the complaint filed by Hitendra Kanjibhai Solanki, who is the brother of deceased " Anandkumar Solanki, the investigation was carried out and charge sheet was filed. The case was committed to the court of Sessions where the case was registered as Sessions Case No. 181 of 2002. At the conclusion of trial, the learned Sessions Judge acquitted original accused Nos. 2 and 3 and convicted the appellant " accused No. 1 as stated herein above.