PATEL MANABHAI MAVJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is at the instance of a convict -accused for the offence punishable under Section 302 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 21st September, 2004, passed by the learned Additional Sessions Judge, 4th Fast Track Court, Banaskantha at Deesa, in Sessions Case No.51/2003. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code and consequently, sentenced him to suffer life imprisonment.

(2.) Case of the Prosecution : -

(3.) On the strength of the First Information Report, which was lodged by the accused himself, the investigation had commenced. The inquest panchnama of the dead body of the deceased was drawn in the presence of two panch witnesses, being Exh.20. The dead body of the deceased was sent to Vav Hospital for the purpose of postmortem. The postmortem examination of the dead body of the deceased revealed that the deceased had sustained a sharp cutting wound over right side of the neck measuring 4cm x 3cm x 4? cm. There was also a sharp cutting wound over posterior part of the neck situated below occipital bone, horizontally measuring 4cm x 2cm x 4cm. There was a fracture and dislocation of 3rd and 4th cervical vertebra. The cause of death assigned in the postmortem report was neurogenic shock due to fracture and dislocation of cervical vertebra. The statements of the witnesses were recorded. On 19th January, 2003, the accused was arrested and the arrest Panchnama was drawn in the presence of two panch witnesses being, Exh.28. The clothes worn by the accused at the time of the incident were collected for the purpose of sending them to the Forensic Science Laboratory for chemical analysis. A discovery panchnama of the weapon of the offence was drawn under Section 27 of the Evidence Act in the presence of two panch witnesses, being Exh.37. The clothes of the deceased were collected by drawing a Panchnama, being Exh.31. The scene of offence Panchnama, being Exh.23, was drawn in the presence of two panch witnesses. As there was sufficient evidence against the accused, collected during the course of investigation, finally the charge -sheet was filed by the Investigating Officer in the Court of the learned Judicial Magistrate First Class, Vav.