SHESHRAM SHIVBHAJAN VARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-ori. Accused has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 20.1.2004 passed by the learned Sessions Judge, Ahmedabad in Sessions Case No. 24/2002, whereby, the learned trial Judge has convicted the appellant- ori. Accused under sec. 302 of IPC and sentenced him to undergo life imprisonment and to pay a fine of Rs. 1000/-, in default, to undergo further R/I for one month, which is impugned in this appeal.

(2.) The brief facts of the prosecution case is that on 2.11.2000, at about 8.00pm in the evening, the complainant had gone to meet his friend Kamlesh Rajput at Lambha, Indiranagar. At about 10.30pm in the night, the appellant was also standing there and the appellant had informed the complainant that since he had altercation with Kamlesh Rajput and therefore he is not meeting him. Thereafter, the appellant had started giving abuses to Kamlesh Rajput and when Kamlesh Rajput told the appellant not to abuse him, appellant got excited and took out a stick from the house and gave stick blow on the backside of Kamlesh Rajput, due to which, he fell down and thereafter again the appellant had given another stick blow on the head of Kamlesh Rajput due to which he became unconscious. The complainant had intervened and on hearing the shouts, other people came there and taken Kamlesh Rajput was taken to L.G. Hospital for treatment. Therefore, a complaint was lodged.

(3.) Thereafter, after examining the witnesses, further statement of the appellant-accused under sec. 313 of CrPC was recorded in which the appellant-accused has denied the case of the prosecution.