RAMSUBHAI LALSINGHBHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant was convicted by Sessions Court, Dahod, by judgment and order dated 30.9.2005 rendered in Sessions Case No. 47/2004(old) 299/2004(new), for the offence of murder of Valsingbhai Vichhiyabhai Damor allegedly committed by him on 29.12.2009 around 19.00 hours at village Vagela, Taluka Jhalod, near Mathuriya Talav. by inflicting two axe blows on the head of the deceased.. The incident was allegedly witnessed by Nanubhai. son of the deceased, who was aged 8V2 years at the time of the incident. Upon hearing his shrieks, his sister Suniben came to the spot. Then she informed others. However, they remained with the dead body till next morning and then Suniben went to Jhalod Police Station and lodged the FIR, on the basis of which, offence was registered. The offence was investigated by the police and charge-sheet was filed in the Court of learned J.M.F.C. Jhalod, who, in turn, committed the case to the Court of Sessions and Sessions Case No.47/2004 came to be registered.

(2.) Charge was framed against the accused at Exh.2 for the offences punishable under Sections 302 & 504 of the Indian Penal Code ("IPC" for short) and Section 135 of the Bombay Police Act. The accused pleaded not guilty to the charge and came to be tried.

(3.) Upon considering the evidence led before it, the trial Court convicted the appellant-accused for the offence of murder punishable under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000, in default, to undergo R.I for one month. The trial Court also convicted the appellant for the offence punishable under Section 504 IPC and sentenced him to undergo SI for six months and to pay a fine of Rs. 500, in default, to undergo SI for two months. The trial Court further convicted the appellant for the offence punishable under Section 135 of the Bombay Police Act and sentenced him to undergo R.I for one year with a fine of Rs.250, in default, to undergo R.I for one month. All the sentences were ordered to run concurrently.