RATILAL CHHOTALAL NAYAKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is filed against judgment and order passed by learned Additional Sessions Judge, Fast Track Court No.3, Vadodara on 25.05.2004 in Sessions Case No.230 of 2003, convicting the appellant -accused for the offence punishable under Section 302 of the Indian Penal Code, 1860 ('the IPC' for short) and sentencing him to imprisonment for life.

(2.) THE case of the prosecution is that on 22.08.2003 at about 7:00 p.m. the appellant -accused pushed the deceased -Bhailalbhai Bamanbhai Nayaka ("the deceased" for short) from the cliff into river -Ashwin and the appellant -accused also thereafter throttled the deceased repeatedly in the water and thereby caused death of the deceased by strangulation. That while the appellant -accused committed this act, Rameshbhai Janabhai Nayka (PW -2), was sitting at a distance of about 100 mtrs. attending his natural call and on seeing the appellant -accused committing this act, he immediately informed about the said incident to Gordhanbhai, Narayanbhai and Govindbhai.

(3.) NEXT day i.e. on 23.08.2003 PW -2 lodged an F.I.R. with Nasvadi Police Station, which came to be registered as C.R. No.I -52 of 2003 for the offence under Sections 302 and 504 of the IPC. The police thereafter initiated investigation and the appellant -accused came to be arrested on 31.08.2003. On completion of the investigation, police submitted charge -sheet against the accused -appellant for the aforesaid offences.