KIRANBHAI @ KARAN BACHUBHAI VAGHRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE Appellant has preferred this appeal and challenged the judgment and order of conviction and sentence imposed by learned Additional Sessions Judge, Fast Track Court, Gandhinagar, on 30.7.2004 in Sessions Case No. 64 of 2003 convicting him for the offence under Sections 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life and to pay fine of Rs. 5000/ -, in default to undergo simple imprisonment for six months. The accused is acquitted of the offence under Section 135 of the Bombay Police Act.

(2.) ACCORDING to prosecution, one Asha was sister of the accused and the accused had a suspicion that deceased Govindbhai Chhotabhai Datani had illicit relation with her and was chasing Asha. Keeping grudge of this, on 16.2.2003, the accused picked up quarrel with the deceased and on 17.2.2003 before 8.35 hours near Chetna Hotel at Dehgam caused injuries with iron pipe on the head of deceased Govindbhai. On account of injuries, Govindbhai died.

(3.) ON the basis of FIR lodged by G.P. Bhati, Second Police Sub -Inspector, Dehgam Police Station, offence was registered against unknown person and investigation was started. During the course of investigation, dead body was sent for postmortem, photographs were taken and shown to the witnesses, statements of the witnesses were recorded, panchnama of the place where dead body was found was drawn. The accused was arrested. Panchnama of discovery of clothes was drawn. At the end of investigation, charge sheet came to be filed against the accused for the aforesaid offences in the Court of Judicial Magistrate, First Class, Dehgam. As the offence was triable by the Court of Sessions, the case was committed to the Court of Sessions, Ahmedabad (Rural) and thereafter, it was transferred to the Sessions Court at Gandhinagar and was registered as Sessions Case No. 64 of 2003. Learned Additional Sessions Judge, Fast Track Court, Gandhinagar, framed charge Exh. 3 for the aforesaid offences which was read over and explained to the accused who pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution adduced evidence. At the end 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 Code of Criminal Procedure, 1973, stated that he has been falsely implicated on account of business rivalry. After hearing learned advocate for the accused and learned Additional Public Prosecutor, trial Court convicted him and imposed the sentence as stated hereinabove.