RAMJAN ISHAK BAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal arises out of the judgment and order dated 24.12.2003 rendered by the Sessions Court, Kutch at Bhuj, in Sessions Case No. 28/2003, convicting the appellant for the offence of murder of Aamad Bharmal Butha allegedly committed at 17.20 hours on 27.2.2003, near Shilp Block Factory, by inflicting a knife blow on the neck of the deceased. He was sentenced to undergo imprisonment for life with a fine of Rs.200/-, in default to undergo S.I for 3 months.

(2.) THE brief facts of the case are that on the relevant date and time, present appellant and the deceased had an altercation in respect of some transactions of the appellant with the daughter and son-in-law of the deceased and the appellant inflicted a knife blow on the neck of the deceased and then escaped. This incident was seen by first informant Sattar Hasam Khalifa, Naran Parbat Kerai, Rajesh Velji Bhanderi and Manji Devji Bhanderi. THE deceased was taken to hospital in the vehicle of Manji Devji Bhanderi, where he was declared dead. F.I.R was lodged by the son-in-law of the deceased, on the basis of which, offence was registered and investigated. On completion of investigation, charge sheet was filed in the Court of learned J.M.F.C. Mandvi, who, in turn, committed the case to the Sessions Court at Bhuj, where it was registered as Sessions Case No. 28/2003.

(3.) HEARD learned advocate Mrs.Parikh for the appellant and learned A.P.P. Mr.Pandya for the respondent-State.