JAGATSINH RATANSINH SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred this appeal and challenged the judgement and order of conviction and sentence passed by learned Additional Sessions Judge, Fast Track Court No. 3, Himatnagar on 21.1.2004 in Sessions Case No. 215 of 2003 convicting him for the offence under Section 302 of Indian Penal Code and sentencing him to undergo life imprisonment and to pay fine of Rs. 200/-, in default, to further undergo rigorous imprisonment for one month.

(2.) According to the prosecution case, accused had a suspicion that deceased Hemtaji @ Himmatsinh Pujsinh Makwana had illicit relation with his wife Rajuben. Therefore, keeping grudge of the suspicion, on 21.8.2003 at about 10.30 hours the accused caused two injuries with dharia on the neck of said Hemtaji. On account of the injuries, Hemtaji died.

(3.) On the basis of the First Information Report lodged by Jalamsinh Pujsinh Makwana before Gambhoi Police Station, offence was registered and investigation was started. During the course of investigation, panchnama of scene of offence and inquest panchnama were drawn, dead body was sent for postmortem and statements of the witnesses were recorded. The accused produced weapon dharia used in the commission of offence. Therefore, the weapon was recovered by drawing panchnama. Muddamals were sent to F.S.L. On completion of investigation, charge sheet came to be filed against the accused for the offence under Section 302 of the Indian Penal Code and Section 135 of the Bombay Police Act in the Court of learned Chief Judicial Magistrate, Himatnagar. As the offence was triable by the Court of Sessions, the case was committed to the Sessions Court, Sabarkantha at Himatnagar and it was registered as Sessions Case No. 215 of 2003. Learned Additional Sessions Judge framed charge Exh. 5 for the offence under Section 302 of the Indian Penal Code and Section 135 of the Bombay Police Act. Charge was read over and explained to the accused who pleaded not guilty and claimed to be tried . Therefore, the prosecution adduced evidence. On completion of recording of evidence, incriminating circumstances appearing in the evidence against the accused were explained to him. The accused in his further statement recorded under Section 313 of the Criminal Procedure Code, 1973, stated that on account of suspicion that the deceased had illicit relation with his wife and earlier there was an altercation between him and the deceased and therefore keeping grudge of the same, false case is filed against him. The accused examined his wife Rajuben Jagatsinh Solanki as defence witness.