PRATAPJI NAGAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has, by filing this appeal under section 374(2) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.), challenged legality and correctness of judgment dated 3 1/01/1992 rendered by the learned Additional Sessions Judge, Mahesana in Sessions Case No. 116 of 1990 by which the appellant has been convicted under section 235(2), Cr.P.C. of the offences punishable under section 302 of the Indian Penal Code and under section 135 of the Bombay Police Act 1951 and is sentenced to undergo Rigorous Imprisonment for life for an offence punishable under section 302, I.P.C. and to undergo Rigorous Imprisonment for a day and to pay a fine of Rs.10.00 i/d. to undergo R.I. for two days for the offence punishable under section 135 of the Bombay Police Act. The sentences inflicted for both the offences are ordered to run concurrently.

(2.) The complainant Balvantji Nawaji is residing in village Norata, Dist. Patan with his family members. Deceased victim Nagajo Moghaji was his uncle. His uncle had four sons out of which eldest son is Pratapji who is the appellant before this Court. Other three sons and the appellant were residing with his deceased uncle. The appellant was not pursuing any activity or occupation for earning purpose and he was roaming in the village for no purpose. It is alleged that on previous day of date of incident, the deceased and his wife both had reprimanded the appellant for his conduct of not doing work for earning purpose.

(3.) One of the offences is punishable under section 302, I.P.C. which is exclusively triable by the Court of Sessions and hence on 26/6/1990, the learned J.M.F.C. committed the case to the Court of learned Sessions Judge, Mahesana for trial where it was numbered as Sessions Case No.116 of 1990.