LAWS(GJH)-2011-5-73

DIPAKBHAI VESABHAI CHAUDHARI Vs. STATE OF GUJARAT

Decided On May 05, 2011
DIPAKBHAI VESABHAI CHAUDHARI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The Appellant-convict has preferred this appeal and challenged the judgment and order of conviction passed by learned Presiding Officer, Fast Track Court, Vyara on 12.8.2005 in Sessions Case No. 53 of 2004 convicting him for the offence under Section 302 of the Indian Penal Code ("IPC" for short) and sentencing him to life imprisonment with fine of Rs. 1000/- and in default of payment of fine, to undergo simple imprisonment for six months.

(2.) According to the prosecution case, deceased Shivajihbai Chaudhari, father of the first informant, had suspicion that his wife Nainaben had illicit relation with the accused and on that account there were frequent quarrels between deceased Shivajibhai Chaudhari and Nainaben. The accused as a friend of Sandipbhai Chaudhari, son of deceased Shivajibhai Chaudhari, the first informant, used to visit the house of the deceased. On the previous day of the incident, the accused went to the house of the first informant and there were heated exchanges of words between the accused and the deceased. The mother of the first informant Nainaben persuaded the deceased and the accused. Therefore, the accused was moving with an axe after the father of the first informant. On 10.5.2004 at about 4.30 a.m. the accused inflicted injuries on the head of the deceased Shivajibhai Chaudhari with a weapon like axe. On account of the injuries, deceased Shivajibhai Chaudhari died.

(3.) On the basis of the FIR (first information report) lodged by Sandipbhai Chaudhari, son of deceased Shivajibhai Chaudhari, offence was registered and investigation was started. At the end of investigation, chargesheet came to be filed against the accused for the offence punishable under Section 302 of the IPC in the Court of Judicial Magistrate First Class, Vyara. As the offence was triable by the Court of Sessions, the case was committed to the Sessions Court, Vyara.