Subsequently on the date of occurrence at about 1.30 p.m. when the deceased was sitting at a temple accused appellant warned him and challenged him saying that if he wanted to fight he was ready for the same.
The appellant Dhirajbhai was alleged to be the assailant.
Testimony of PWs 1 and 3 was accepted to be credible and as numbered above, learned Trial Judge companyvicted and sentenced the accused.
About 10 days prior to the date of occurrence accused appellant had taken his small daughter to the in laws house and have kept her there.
In the meantime PW3 also woke up and he joined his mother outside the house.
On his return, the deceased scolded him for leaving a small child at a distant place and the accused was very angry for this interference in his personal matters and that led to quarrels first verbal and then physical.
The appellant on hearing this immediately ran away.
7/1427 situated in Dhastripuara in the city of Surat with her two sons Dhanesh PW 3 and Narendra.
The High Court in appeal, did number interfere.
As it was mid night when they got back, PW8 and deceased slept on the verandah of the house while PW1 and 3 slept inside the house.
Strong reliance was placed on the evidence of PW2 who resiled from his statement made during investigation.
Accusations which led to trial of the accused appellant are as follows Dahiben PW1 and the deceased were staying in house No.
They also found the accused appellant delivering blows on the deceased.
Resident of the locality and PW1 separated them.
Ultimately, the matter came to trial by learned Additional Sessions Judge, Surat.
At about 4.00 p.m. in the morning on hearing shouts for help PW1 opened the door and went outside.
PW1 agreed and both PW8 and deceased went to see a movie late in the night.
PW 1 went out and asked for help from the neighbours.
Many of them came to her house.
In the evening Naranbhai PW8 , a friend of deceased came to the house of deceased and told Dahiben that since the quarrel was going on in the house, he would take the deceased for seeing a movie.
Appeal before the High Court of Gujarat did number bring any relief to the accused appellant and by the impugned judgment companyviction and sentence were upheld.
PW1 called out his name and asked him as to why he was doing this and if there was any problem, that companyld be sorted out in the morning.
J U D G M E N T ARIJIT PASAYAT,J. One Hasmukhbhai Patel hereinafter referred to as the deceased was the victim of homicidal death on 12.8.1993.
The deceased was taken to hospital where he breathed his last at about 4.45 a.m. First information report was lodged at the police station at 5.15 a.m. Investigation was undertaken and charge sheet was placed on companypletion of investigation.
This resulted in exchange of words and a fight.
They saw the deceased in bleeding companydition.
Ten witnesses were examined to further the prosecution version.
