RAVJIBHAI KANJIBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order rendered by the Sessions Court, Bharuch, on 26.8.2005, in Sessions Case No. 142/2004, whereunder the Appellant came to be convicted for the offences punishable under Sections 302, 307 & 504 of the Indian Penal code ["IPC" for short]. The trial Court imposed punishment for the said offences as under:

(2.) THE prosecution case is that the Appellant had grievance against Meljibhai Premjibhai Rathod and, therefore, on 12.7.2004 at about 21.00 hours, he abused, intimidated and attacked Meljibhai with an axe at village Dantroi. He gave one blow on the chest and one on the neck of the deceased. This incident was witnessed by Sumanben, wife of Meljibhai (PW.6W. 6, Exh.2, Exh. 22), Laxmiben, daughter of Meljibhai (PW.7W. 7, Exh.2Exh. 24) and Navinbhai Balbhai Rathod, son -in -law of the deceased (PW.9W. 9,Exh.2Exh. 29). After the attack, the Appellant ran away and the deceased was taken to hospital, where he was treated for about 21 days and then discharged from the hospital and went home. He expired after four days of his discharge from the hospital, on 6.8.2004. Initially, the FIR was lodged alleging attack and attempted murder, but upon his death, Section 302 IPC was added and ultimately, charge sheet was filed in the Court of learned J.M.F.C. Hansot, who, in turn, committed the case to the Court of Sessions at Bharuch, where Sessions Case No. 142/2004 came to be registered.

(3.) THE trial Court framed charges for the offences punishable under Sections 504, 307 and 302 IPC against the Appellant -accused at Exh.5Exh. 5, to which he pleaded not guilty and claimed to be tried.