DIPAKBHAI @ DEVKU RAMJIBHAI KATHUD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant came to be tried by Sessions Court, Surat at Vyara, in Sessions Case No. 27/2005 for the offences punishable under section 302 and 307 of IPC and under sec. 135 of the Bombay Police Act. The trial Court convicted him for the offence of murder and attempted murder under sec. 302 and 307 of IPC, respectively, by judgment and order dated 31.8.2006. The appellant is sentenced to undergo life imprisonment for the charge of murder and he is also sentenced to undergo imprisonment for life with fine of Rs. 500/-, in default, to undergo further R/I for six months for the charge of attempted murder.

(2.) As per the prosecution case, the incident took place at about 6.30am on 2.1.2005 in the outskirts of village Paghaddhuva. It is the case of the prosecution that the appellant was working with one Gamiyabhai Deviyabhai, and on the previous day of the incident, he was scolded by Gamiyabhai and was asked to leave the job. The appellant did not leave the place and next day morning, i.e. on the day of incident, he asked for a cup of tea from the wife of said Gamiyabhai, which was denied to him. He, therefore, attacked Gamiyabhai with an Axe and he also attacked Iruben - wife of Gamiyabhai. In the meantime, Rupsingbhai Jatariyabhai Vasava came there and tried to intervene, but the appellant attacked him as well, with Axe. Iruben and Rupsing succumbed to the injuries and died, whereas, Gamiyabhai survived the injuries. An FIR was lodged in this context by Sumanbhai Rupsinh Vasava with Songadh Police Station, camp at Paghaddhuva. On the basis of the FIR, offence was registered and case was investigated. At the end of investigation, charge-sheet was filed against the appellant in the Court of learned Judicial Magistrate, First Class, Vyara, who in turn, committed the case to the Court of Sessions, which was registered as Sessions Case No. 27/2005.

(3.) The charge was framed against the appellant at Exh. 8, to which he pleaded not guilty and came to be tried.