CHAGANBHAI DAMJIBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant has preferred this appeal and challenged the judgment and order of conviction and sentence passed by the learned Presiding Officer and Additional Sessions Judge, Fast Track Court No.7, Rajpipla, on 18.6.2005, in Sessions Case No.104 of 2004, whereby convicted the appellant for the offence under Sections 302 and 324 of the I.P.Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/- in default, to undergo SI for 15 days and SI for 1 year and to pay fine of Rs. 500/-, in default, to undergo SI for 8 days respectively. However, the accused is acquitted for the offence punishable under Sections 504 and 506(2) of the I.P. Code.

(2.) According to the prosecution case, there were disputes between Sundarsinh Ramjibhai and deceased Ramjibhai Danjibhai Vasava about their lands. On 7.6.2004, at about 20.00 hours, accused demanded mangoes from the first informant Sundarsinh Ramjibhai Vasava, but he refused and, therefore, the accused got enraged and hit wooden log on his head and right chin. Deceased Ramjibhai Danjibhai Vasava intervened and tried to rescue Sundarsinh Ramjibhai. Therefore, the accused also hit wooden log on his head and gave threats. On account of the injuries sustained, Ramjibhai Dhanjibhai Vasava died.

(3.) On the basis of the FIR filed by Sundarsinh Ramjibhai before Dediapada Police Station, an offence was registered and investigation was started. At the end of investigation, charge sheet came to be filed for the offences punishable under Sections 302, 324, 504 and 506(2) of the I.P. Code in the court of learned Judicial Magistrate, First Class, Dediapada. As the offence was exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Rajpipla, and it was registered as Sessions Case No.104 of 2004. The learned Additional Sessions Judge and Fast Track Court No.7, Rajpipla, framed charge vide Exhibit-4 against the accused for the aforesaid offences. The charge was read over and explained to him. The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution adduced evidence. At the end of recording of evidence, the incriminating circumstances appearing against him in the evidence were explained to the accused. The accused in his further statement recorded under Section-313 of the Criminal Procedure Code, denied having committed the offence and stated that he is innocent. It was also stated that the first informant - Sundarsinh Ramjibhai Vasava came to his house with wooden log and hit him. Therefore, he caught hold of the wooden log, and in doing so, Sundarsinh hit the wooden log on his head. Meanwhile, Ramjibhai also hit him by wooden log but he escaped from the attack and during the scuffle Ramjibhai tried to intervene and sustained injury on his head. After hearing the learned Advocate for the accused and learned APP, the Trial Court convicted the accused for the offences punishable under Sections-302 and 324 of the I.P. Code and imposed the sentences, as mentioned here-in-above, but acquitted him for the offences punishable under Sections 504 and 506(2) of the I.P. Code. Being aggrieved by the said judgment and order, the accused has preferred this Appeal.