ANOPJI BHURAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of the judgment and order passed by learned Additional Sessions Judge, Banaskantha, Deesa on 06.08.2003 in Sessions Case No.117 of 2002, convicting the appellant - accused for the offences punishable under Section 302 of the Indian Penal Code, 1860 ('IPC' for short) and under Section 135 of the Bombay Police Act, 1951 ('the B.P. Act' for short) and sentencing him to imprisonment for life for the offence under Section 302 of IPC and imposing a fine of Rs.2000/ - and to suffer rigorous imprisonment for a period of four months and imposing fine of Rs.500/ -, in default, to undergo further rigorous imprisonment for one month for the offences punishable under Section 135 of the B.P. Act. The said sentences were to run concurrently.

(2.) The short facts, which would be sufficient for dealing with the present appeal, are that at any time between 14 hrs. on 10.11.2001 and 8:00 a.m. on 11.11.2001 the appellant -accused assaulted deceased -Anopji Rajaji Thakore (hereinafter referred to as "the deceased") and gave blows with stick and knife on the head of the deceased because of which, the deceased succumbed. It is the case of the prosecution that the appellant -accused had developed illicit relation with the wife of deceased viz. Smt. Hansaben and in order to save his prestige and reputation in the society, the appellant had committed the alleged offence of murder.

(3.) First Information Report was lodged by one Shri Rajaji Kalaji Thakore, PW -2, father of the deceased, with Deodar Police Station on 11.11.2001 alleging offences under Sections 324, 323 of IPC and Section 135 of the B.P. Act. Subsequently, on death of the deceased, Section 302 of IPC was added. On the basis of the FIR above -mentioned, the police started investigation and on completion of investigation, police submitted charge -sheet against the appellant.