BALUBHAI SOMABHAI MACHHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE Appellant accused has preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court No. 7, Rajpipala on 23.8.2005 in Sessions Case No. 29 of 2005 convicting him for the offence punishable under Section 302 of the IPC and sentencing him to undergo life imprisonment and to pay fine of Rs. 500/ -, in default, to undergo SI for 8 days.

(2.) ACCORDING to the prosecution case, on 7.10.2004 at about 19:45 hrs., the accused in the house of Hiraben W/o Somabhai Vasava gave abuses to deceased Naresh as he suspected that said Naresh had illicit relation with his niece Chandanben and thereafter, attacked him with axe and thereby committed his murder.

(3.) ON the basis of first information report lodged by Somiben Murarbhai, offence was registered and investigation was started. During the investigation, statement of witnesses were recorded, panchnama of scene of offence and inquest panchnama were drawn and postmortem of dead body of deceased Nareshbhai was performed. At the end of investigation, charge sheet came to be filed against the accused for the offence punishable under Sections 302 and 504 of the IPC in the Court of JMFC, Rajpipla. As the offence was triable by Sessions Court, the case was committed to the Sessions Court and it was registered as Sessions Case No. 29 of 2005. The learned Additional Sessions Judge framed charge Exh -3 for the aforesaid offences against the accused. The charge was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution adduced evidence. On completion of recording of evidence, the 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 is innocent and false case is filed against him. After hearing the learned Additional Public Prosecutor and learned advocate for the accused, the trial Court convicted the accused and sentenced him as mentioned herein above, but acquitted him for the offence punishable under Section 504 of the IPC. Being aggrieved by the said decision, the accused has preferred this appeal.