BACHUBHAI KABAI BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this appeal the appellant- original accused seeks to challenge judgment and order passed by Presiding Officer, Fast Track Court No. 3, Vadodara dated 22.12.2006 in Sessions Case No. 58 of 2006, convicting the accused-appellant for the offence of murder punishable under Section 302 of Indian Penal Code and sentencing the appellant to undergo life imprisonment.

(2.) The case of the prosecution in a nut shell is that PW-1 Nareshbhai Ratilal Baria, Exh. 9 lodged a First Information Report at Sankheda Police Station on 9.3.2006, inter alia alleging that on the date of the incident at around 9 O'clock in the morning he in the company of his wife and son went to their agricultural field. It is his case that at that point of time his mother, the deceased Diviben Ratilal Baria informed that after completing house hold work she would be going to the field for the purpose of cutting grass. It is the case of PW-1, son of the deceased that when they were working in the field one Ranjitbhai Sanabhai Baria resident of his village came on a cycle and informed him that his uncle (Daji) Bacchubhai Kabaribaria, i. e. the accused has inflicted blows on the head of his mother (deceased). On learning this he immediately rushed to his residence and found that his mother was lying at the rear portion of the house in a pool of blood and was groaning. PW-1 tried to talk to his mother but she was unable to speak anything and amongst the people who had gathered at the place where the deceased was lying, one Vitthalbhai Chottabhai Baria and Ranjitbhai Sanabhai Baria, the persons who had come to inform the first informant PW-1 informed the first informant that it was the accused who came with an axe in his hand and inflicted blows on the head of the deceased and left the place saying that the deceased was maintaining illicit relations in the village. The first informant thereafter arranged for a jeep to take her mother to the hospital but by the time the jeep came, she passed away at around 10:30 in the morning. PW-1, the first informant stated in the F. I. R. that it was the accused who inflicted blows on the head of his mother, as he had false suspicion as regards the character of the deceased. Police started investigation on the strength of the F. I. R. , (Exh. 10) first by drawing panchnama of the scene of offence. The body of the deceased was sent for postmortem and the postmortem report revealed the following injuries:-

(3.) Record reveals that during the course of investigation, the Investigating Officer recovered clothes of the accused which were blood stained, under a panchnama. The Investigating Agency also discovered the weapon of offence from the place as pointed out by the accused by drawing discovery panchnama under Section 27 of the Evidence Act. Statement of the eye witnesses and other witnesses were recorded and ultimately the Investigating Officer filed charge sheet against the accused-appellant for the offence punishable under Section 302 of I. P. C. in the Court of Judicial Magistrate, First Class, Sankheda, who in turn, committed the case to the Court of Sessions under Section 209 of I. P. C.