BHARATBHAI RAIJIBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has preferred this appeal and challenged the judgment and order of conviction and sentence passed by the learned Presiding Officer, Fast Track Court, Anand, on 14.7.2005, in Sessions Case No. 23 of 2005, convicting him for the offences punishable under Sections 302 and 307 of the I.P. Code and Section 135 of the Bombay Police Act and sentencing him to undergo life imprisonment and to pay fine of Rs. 1,000/-, in default, to undergo SI for 15 days for the offence under Section 302 of the I.P. Code and to undergo RI for five years and to pay fine of Rs. 500/-, in default, to undergo SI for seven days for the offence under Section 307 of the I.P. Code. No separate sentence is awarded for the offence under Section 135 of the Bombay Police Act. Both the aforesaid sentences were ordered to run concurrently.

(2.) ACCORDING to the prosecution case, accused was the brother-in-law of deceased Rekhaben. On 15.9.2005, in the evening, the accused gave a slap to Jaimin, son of the first informant. Keeping grudge of the same, on 16.9.2005, at about 5'O clock in the morning, the accused caused injury with dharia to the deceased Rekhaben, wife of the first informant, who was sleeping on a cot outside the house and also caused injury to first informant Parshottambhai Raijibhai, who tried to intervene. On account of injuries, Rekhaben died.

(3.) LEARNED Advocate Mr. Dave for the appellant submitted that the first informant has turned hostile and there is no other eye witness to the incident except child witness Jaimin. This witness also did not implicate the accused in the offence. Therefore, the Trial Court committed error in convicting the appellant and, therefore, the appeal deserves acceptance.