RAMJIBHAI SURJIBHAI KHARADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant was an accused before the Sessions Court, Sabarkantha at Himmatnagar in Sessions Case No.124 of 2004 and came to be convicted for committing the offence of murder of Mahendrabhai Babubhai Kharadi by judgment dated 14.12.2004 rendered by the Sessions Court.

(2.) The incident in question occurred on 28.4.2004 at about 15-00 hours at village Vaghpur at the house of the appellant. As per the prosecution case, there was a prior dispute between the appellant and the victim. On the day of incident, it is alleged that the appellant invited the victim at his place for a cup of tea and then inflicted blows with a dagger on chest, which resulted into death of the deceased. It is the case of the prosecution that the appellant also committed an offence punishable under Section 504 of IPC.

(3.) The FIR in question was lodged by the wife of the victim Laxmiben Mahendrabhai with Shamlaji Police Station, on the basis of which, offence was registered and offence investigated. The police found sufficient evidence against the appellant and, therefore, filed charge-sheet in the Court of JMFC, Bhiloda, who in turn committed the case to the Court of Sessions and Sessions Case No.124 of 2004 came to be registered.