YADAV MAHADEV BHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant accused has preferred this appeal and challenged the judgement and order of conviction and sentence passed by learned Additional Sessions Judge, City Sessions Court, Ahmedabad, on 29.7.2005 in Sessions Case No. 230 of 2003 convicting him for the offence punishable under Section 302 of the Indian Penal Code and Section 135(1) of the Bombay Police Act and sentencing him to undergo imprisonment for life and fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for six months for the offence under Section 302 of the Indian Penal Code but no separate sentence is imposed for the offence under the Bombay Police Act.

(2.) According to the prosecution case on 19.7.2002 at about 8.00 in the morning deceased Sureshbhai Vishwanath Hedkar was going by his Luna bearing registration No. GJ 1 SS 7716 and when he reached in Ashok Mill area on Naroda Road, the accused nurturing a suspicion that said Suresbhai had illicit relation with his wife Hemlataben, attacked the deceased with gupti and caused about 16 blows on his person. On account of injuries sustained by him, Sureshbhai died.

(3.) On the basis of FIR lodged by Kiran Sureshbhai Hedkar, son of the deceased, before Saherkotda Police Station, an offence was registered and investigation was started. During the course of investigation statements of the witnesses were recorded. Postmortem of dead body of Sureshbhai was performed. Panchnama of scene of offence, recovery of weapons and clothes were drawn. At the end of investigation, chargesheet came to be filed against the accused for the offence punishable under Section 302 of the Indian Penal Code and Section 135(1) of the Bombay Police Act in the Court of learned Metropolitan Magistrate, Ahmedabad. As the offence was triable by the Court of Sessions, the case was committed to the City Sessions Court, Ahmedabad and it was registered as Sessions Case No. 230 of 2003. Learned Additional City Sessions Judge framed charge Exh. 3 against the accused. Charge was read over and explained to him. The accused pleaded not guilty to the charge and claimed to be tried and therefore the prosecution adduced evidence. At the end of recording of evidence, 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 Criminal Procedure Code, stated that he was taken from his home and gupti was put in his hand but he does not know anything. After hearing learned advocate for the appellant accused and learned Additional Public Prosecutor, trial Court convicted the accused and sentenced him as mentioned hereinbefore.