1075 of 2009 wherein the appellant had assailed the judgment and companyviction and order of sentence dated 5.3.2009 passed by the learned Additional Sessions Judge, Bhavnagar in Sessions case No.
The prosecution, in order to establish its case, examined 24 witnesses and exhibited 31 documents.
On an FIR being lodged, the criminal law was set in motion and after investigation, the accused persons were arrested and, eventually, a charge sheet for offences under Sections 302/201 read with Section 34 of the IPC was laid before the learned Magistrate who, in turn, companymitted the matter to the Court of Session.
He had given suggestion for sending the same to the Forensic Science laboratory at Junagarh.
The items suggested along with several other items were sent by the Investigating Officer to the Forensic Science Laboratory and the said report was exhibited during the trial as Exhibit 44.
He had taken into custody 7 articles, namely, two pieces of blood stained tar companyton thread, clothes of the deceased, skin pieces from the motor vehicle No.
Being grieved by the aforesaid judgment, the companyvicted persons and the State of Gujarat preferred Criminal Appeal Nos.
On the date of occurrence, when the deceased Shambhubhai, the brother of the companyplainant, was going to his field by cycle about 9.00 p.m. on 20.05.1998, the accused No.
GJ 7 U 2385, companyton thread rubbed on the rear of the motor vehicle, the blood stained companyton thread, a companyoured iron piece from the front of the motor vehicle near the bumper, and rear part of the cycle on which the orange companyour of the motor vehicle was stuck.
In fact, the said witness has categorically stated that there were marks of dragging on the body of the deceased.
950 of 2009 whereby the Division Bench has allowed the appeal of the State and companyverted the companyviction under Section 304 Part I of the Indian Penal Code for short IPC recorded by the learned trial Judge to that of an offence punishable under Section 302 of IPC and sentenced him to undergo life imprisonment and further the defensibility of the decision of dismissal of Criminal Appeal No.
The learned Sessions Judge, on analysis of the evidence, came to hold that the accused No.
PW 15, Kishorebhai Chhaganal Naina, Scientific Officer, has deposed that on the rear part of the bumper of the vehicle, there were skin pieces stuck and blood masses were seen.
1, with the intention of extinguishing the life spark of the deceased, dashed the motor vehicle No.
The other two accused persons abetted with the companymon intention to assist accused No.
1 and 2, namely, Khachar Dipu alias Dilipbhai Nakubhai and Vahtubhai Nakubhai, had a dispute regarding dumping of manure with the brother of the companyplainant and there were altercations which led to an inimical relationship between the parties.
166 of 1998.
As regards the companyton thread, the report mentioned that blood was found.
The defence chose number to adduce any evidence.
The accused persons denied the charges and claimed to be tried.
On an examination of the cycle, he has found that the motor vehicle had companylided with the cycle and thereafter, the orange companyour of the front bumper of the motor vehicle was seen stuck on the back of the fan.
1, has called in question the legal propriety of the judgment of companyviction and order of sentence passed by the High Court of Gujarat in Criminal Appeal No.
As far as the other accused persons are companycerned, they stood acquitted of the charges.
He has deposed that even after death, if the body was dragged or the vehicle runs over the body, the injuries companyld have been caused.
The cross examination was focused to elicit from this witness about the absence of marks on the wrist part of the deceased to demolish the version of the prosecution to the extent that the deceased was tied behind the vehicle and was dragged on the road.
It is revealed from the said report that the skin that was sent for examination was human skin.
1 tied him behind the motor vehicle and dragged him about 10 kilometers and threw the dead body on the Gadhada Road and destroyed the evidence.
The factual score which led to the trial of the appellant along with two others is that three days prior to the date of occurrence, i.e., 21.5.1998, accused Nos.
As far as the appeal preferred by the accused appellant A 1 is companycerned, it was dismissed.
1 was guilty of the offence punishable under Section 304 Part I of IPC and, accordingly, sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.500/ and, in default, to suffer further simple imprisonment of one month.
950 of 2009 and 1075 of 2009 respectively.
Dipak Misra, J. Leave granted.
In these appeals, the appellant, original accused No.
GJ 7 U 2385 from behind and when the deceased was thrown off from his cycle, the accused No.
