KALIA SABIRA DHANUK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Instant Appeal, filed under section 374 (2) of the Criminal Procedure Code, 1973 ("Code" for short) is directed against the judgment dated 15.6.2004 rendered by the learned Additional Sessions Judge and 4th Fast Track Court, Vadodara at Chhota Udepur in Sessions Case No. 68 of 2003 by which the appellant is convicted for the offences punishable under Section 302 read with section 114 of Indian Penal Code and sentenced him to undergo life imprisonment and fine of Rs. 1,000/-, in default, further Rigorous Imprisonment of two months.

(2.) The incident in question took place on 15.5.2003 in the morning at about 5 a.m. The accused was staying near the house of the complainant. The deceased went to tap palm tree and as he was about to climb the tree, the appellant came there and had an altercation with the deceased. The appellant was provoked and he shot an arrow at the deceased who was standing near the palm tree. The arrow pierced the chest of the deceased-Revjibhai who died on the spot. The complaint was given by Sagadiben Revji, wife of the deceased on 4.2.2004 before the Police Sub-Inspector, Rangpur police station. On the strength of the complaint given by Sagadiben, the investigation was set in motion. The Investigating Officer visited the place of the incident and prepared panchnama of the place of the incident and panchnama with regard to recovery of muddamal article was also prepared. Statements of witnesses from the neighbourhood was recorded. The muddamal which was seized was sent to FSL for the purpose of detailed analysis. The Investigating Officer also sent the body of the deceased to Public Health Centre at Chhota Udepur for the purpose of performing post mortem. The appellant was arrested and produced before the learned Judicial Magistrate First Class at Chhota Udepur who in turn committed the case to the Sessions Court as the case is exclusively triable by the Sessions Court. On receipt of the FSL report as well as post mortem report, the appellant was charge sheeted. The learned Sessions Judge framed the charge against the appellant for the offence punishable under section 302 read with section 114 of Indian Penal Code as well as section 135 of the Bombay Police Act.

(3.) The appellant pleaded not guilty to the charges levelled against him and claimed to be tried. The prosecution, therefore, examined the following witnesses: