JAYRAMBHAI NATHABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal arises out of judgment and order rendered by learned Additional Sessions Judge, Fast Track Court, Bharuch @ Rajpipla on 31.03.2005 in Sessions Case No.20 of 2005, convicting the appellant-accused for the offence of murder of Rameshbhai Ganglabhai Vasava under Sections 325 and 302 of the Indian Penal Code, 1860 ('IPC' for short) and sentencing him to suffer rigorous imprisonment for five years for the offence under Section 325 of IPC and to pay fine of Rs.500/-, in default to undergo simple imprisonment 30 days and further sentencing him to imprisonment for life for the offence under Section 302 of IPC and to pay a fine of Rs.1,000/-, in default to undergo simple imprisonment for two months. The sentences were ordered to run concurrently.

(2.) Brief facts giving rise to this appeal are that that deceased-Rameshbhai, resident of Village Valpor, Tal. Jhagadia, Dist. Bharuch, on 05.08.2004 at around 3:00 p.m. went alone for fishing at the river, situated in the village and around 5:00 p.m. while wife of the deceased, Jakhamiben, was at her residence (the first informant), she was informed by children of her neighbourhood that her husband was lying on the road, passing near the shade of Jayrambhai (i.e. the present appellant). That she immediately ran there and found that her husband was lying and upon asking, he replied that 'Jayrambhai Nathabhai Vasava has inflicted blow with axe on his head'. That when the first informant reached at the spot the accused was also standing there and upon asking 'Why have you assaulted my husband?', the accused replied that 'He has attacked the deceased and do whatever you like'. As the deceased was deadly injured, the first informant and her brother-in-law, Rajendra, Kokilaben Rameshbhai and others took the deceased in a jeep to Netram Hospital for treatment. That there was dispute of land originally belonging to their uncle Pohanabhai Ujambhai and as the deceased had played active role, with an intention to inflict serious injuries, assaulted the deceased.

(3.) An F.I.R. came to be lodged by wife of the deceased, Jakhamiben Rameshbhai Vasava (PW-4) on 05.08.2004, with Valiya Police Station and after full-fledged investigation charge-sheet was submitted before learned Judicial Magistrate, First Class, Valiya, who, in turn, committed the case to the court of Sessions as the case was being exclusively triable by the Court of Sessions and the same was registered as Sessions Case No.20 of 2005.