KHETIYABHAI JOGIYABHAI CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant was accused before the Sessions Court, Surat, in Sessions Case No. 23/2003. He came to be tried for the offence of murder of his brother Gamanbhai Jogalbhai Chaudhary allegedly committed by him on 9.12.2002 at about 11.30 A.M, in Juna Falia of village Isar, and also for the offence punishable under Section 135 of the Bombay Police Act. He was convicted for the offence punishable under Section 302 of the Indian Penal Code ["IPC" for short] and sentenced to undergo imprisonment for life and to pay a fine of Rs.500/-, in default, to undergo R.I for three months. However, he came to be acquitted of the offence punishable under Section 135 of the Bombay Police Act, by judgment and order dated 28.07.2004.

(2.) It is the case of the prosecution that while the deceased was passing-by, the appellant, who was standing there with a wooden-log in his hand, demanded money from him and on being denied, inflicted a blow on the head of the deceased with that wooden-log. The injury resulted into the death of the deceased. The incident occurred near the house of the victim and was seen by his wife Ziniben. The brother of the deceased was informed about the incident. He came to the place of the incident and thereafter lodged the F.I.R, on the basis of which the offence was registered by the Mandavi Police and investigated. On completion of the investigation, the police filed charge sheet in the Court of learned J.M.F.C.Mandavi, who, in turn, committed the case to the Sessions Court and Sessions Case No.23/2003 came to be registered.

(3.) Charge was framed against the appellant at Exh.6, to which he pleaded not guilty and came to be tried for the offence of murder punishable under Section 302 IPC and Section 135 of the Bombay Police Act.