RAMSING RATILAL GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant convict has preferred this appeal under section 374(2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order dated 24.6.2004 passed by the learned Additional Sessions Judge, Vyara in Sessions Case No.56 of 2003 convicting him for offence punishable u/s 302 of the IPC and sentencing him to undergo life imprisonment and to pay a fine of Rs.500/-, in default thereof to further undergo imprisonment for one month.

(2.) According to the prosecution case, it was before about one year of the incident, accused was in unilateral love with deceased Alisha. On 17.6.2003 at about 8:00 hrs., when the deceased was waiting for the bus at Bus Stand of Balpur Patia, the accused went there. There was exchange of words between them and the accused caused injuries on the head of the deceased with stone. On account of injuries, Alisha died.

(3.) On the basis of the first information report lodged by Sumanbhai Shuklabhai Gamit, offence was registered and investigation was started. At the end of investigation, charge sheet came to be filed against the accused for the offence punishable under section 302 of the Indian Penal Code. As the offence was triable by Sessions Court, the case was committed to the Sessions Court at Vyara and it was registered as Sessions Case No.56 of 2003. The learned Additional Sessions Judge framed charge Exh-3 for the aforesaid offence against the accused. The charge was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution adduced evidence. On completion of recording of evidence, the incriminating circumstances appearing in the evidence against the accused were explained to him. The accused in his further statement recorded under section 313 of the Code of Criminal Procedure, 1973, stated that he is innocent. After hearing the learned Additional Public Prosecutor and learned advocate for the accused, the Court convicted the accused for the offence punishable under section 302 of the Indian Penal Code and sentenced him as mentioned hereinbefore. Being aggrieved by the said decision, the accused has preferred this appeal.