RAVAL RAMANBHAI GOKABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant is convicted by Sessions Court, Ahmedabad (Rural) at Gandhinagar for the offence of murder of Ranchhodbhai Fulabhai Ravar by judgment and order dated 7.1.2004 rendered in Sessions Case No.42 of 2003.

(2.) As per the prosecution case, the incident occurred on 19.10.2002 at about 20-30 hours at village Randheja near Ravar Vas. It is the case of the prosecution that the appellant was aggrieved against the deceased by his conviction in connection with the offence of attempted murder and he, therefore, at the relevant time assaulted the deceased with a sickle and inflicted blows on head and other parts of the body. He also intimidated the deceased. An FIR was, therefore, lodged with Pethapur Police Station vide CR No.181 of 2002. Offence was registered and investigated and ultimately charge-sheet was filed in the Court of JMFC, Gandhinagar, who, in turn, committed the case to the Court of Sessions and Sessions Case No.42 of 2003 came to be registered.

(3.) Charges were framed against the accused at Exh.4 for the offences punishable under Sections 323, 324, 326, 302, 504 and 506(2) of IPC, to which he pleaded not guilty and claimed to be tried. The trial Court found that the prosecution was successful in proving charge of murder against the appellant and, therefore, convicted him for the same and sentenced him to undergo imprisonment for life with a fine of Rs.1000/-, in default, to undergo RI for six months, whereas the accused-appellant came to be acquitted for rest of the charges.