(1.) THE Appellant has preferred this appeal and challenged the judgment and order of conviction and sentence passed by the learned Joint District and Additional Sessions Judge, Fast Track Court No. 7, Morbi, on 4th September, 2004, in Sessions Case No. 19 of 2004, convicting him for the offence punishable under Section 302 of the I.P. Code and Section 37(1) and 135 of the Bombay Police Act and sentencing him to undergo life imprisonment and to pay fine of Rs. 15,000/ -, in default, to undergo SI for one year for the offence under Section 302 of the I.P. Code and to undergo RI for four months and to pay fine of Rs. 500/ -, in default, to undergo SI for one month for the offences under Section 37(1) and 135 of the B.P. Act. Both the sentences were ordered to run concurrently.
(2.) ACCORDING to the prosecution case, on 22nd December, 2003, the accused, on account of altercation with the deceased got instigated and caused injuries with stick and axe to the deceased Navghanbhai Mashrubhai on various parts of his person. On account of the injuries, Navghanbhai Mashrubhai died.
(3.) ON the basis of the FIR lodged by Mashrubhai Valabhai Rathod, father of the deceased, before Wankaner Taluka Police Station, an offence was registered and investigation was started. During the course of investigation, dead body of Navghanbhai was sent for postmortem. Statements of the witnesses were recorded. Panchnama of scene of offence and discovery of clothes and weapons were drawn. At the end of investigation, charge sheet came to be filed against the accused in the court of learned J.M.F.C., Wankaner. As the offence was exclusively triable by the Court of Sessions, the case was committed to the Sessions Court at Morbi and it was registered as Sessions Case No. 19 of 2004. The learned Joint District and Additional Sessions Judge, Fast Track Court No. 7, Morbi, framed charge vide Exhibit -1 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 Code of Criminal Procedure denied having committed the offence and stated that he is innocent and has been falsely implicated in the offence. After hearing the learned Advocate for the accused and the learned APP, the Trial Court convicted the accused and sentenced him, as mentioned here -in -above. Being aggrieved by the said judgment and order, the accused has preferred this Appeal.