CHANDRAKANT CHHAGANBHAI Vs. CONVICT VERSUS STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order passed by the learned Sessions Judge in Sessions Case No. 55 of 2005, whereby the learned Sessions Judge has convicted the appellant -original accused for the offence under Sec. 302 of I.P.C. and has imposed sentence of life imprisonment with the fine of Rs. 3000/ - and 3 months S.I. in default of fine.

(2.) AS per the prosecution case, complaint, Exh. 27, was filed by Sitaben, P.W. 7 with Dabhoi Police Station stating about the family background and the dispute arisen between her family members and her brother -in -law (accused) because of the re -division of the agricultural land of their forefathers. In the said complaint, it was stated by her that at about 7 -00 clock in the evening, when she was cleaning the utensils after taking dinner, her younger son Dharmendra (deceased) was sitting in the yard (veranda) and her elder son Raju was inside the house, at that time, at about 7 -30 p.m., her brother -in -law Chandrakant Chaganbhai Vasava (accused) came abusing with the axe in his hand and he started saying that due to her, he had to surrender good panthiyari (joint) land having canal facility and he started abusing and at that time, the deceased told him that they have received lesser area of the land, but accused got excited and told that because of the son of the widow (herself), he had to give the share, and therefore, why should he be kept alive, and therefore, with a view to kill him, he gave an axe blow on the backside of the head near left ear and on account of the said blow, the deceased had fallen down and there was lot of bleeding. At that time, she came near to the deceased and took the head of the deceased in her lap and at that stage, the appellant -original accused also caused injury on her left elbow. Thereafter, she started shouting. At that time, her elder son Raju and other persons staying in the nearby area came running. Thereafter, the complaint was. registered.

(3.) THE police investigated into the complaint and ultimately, as sufficient evidence was found, the charge -sheet was filed, and thereafter, the case was committed to the Court of the learned Sessions Judge. Thereafter, charge was framed by the learned Sessions Judge against the accused for the offence under Sec. 302 and Secs. 324 and 504 of I.P.C. read with Sec. 134 of the Bombay Police Act.