THAKORE NARENDRASINH BAVUJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is at the instance of an accused-convict for the offence punishable under Section 302 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 24th August, 2006, passed by the learned Additional Sessions Judge, Fast Track Court No.2, Patan, in Sessions Case No.4/2006. 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 and affine of Rs.1,000/-. In default of payment of fine, the appellant was directed to undergo further simple imprisonment for 3 months.

(2.) Case of the Prosecution :

(3.) The brother of the deceased, named, Arvindji lodged a First Information Report on 4th October, 2005 at around 22.15 hours at Chanasma Police Station for the incident in question. On the strength of the FIR which was lodged by the brother of the deceased for the offence of murder, the investigation had commenced. A detailed inquest panchnama of the dead body was drawn in the presence of the two panchas, being Exh.30. The dead body of the deceased was sent along with A.S.I Muljibhai to Lanva Dispensary for the purpose of conducting postmortem. A panel of three doctors had performed the postmortem of the body of the deceased and the postmortem report revealed that there were as many as 18 contusions all over the body of the deceased. The cause of death, which was assigned by the panel of three Doctors, was asphyxia due to throttling. The panchnama of the scene of offence was also drawn in the presence of two panch witnesses, being Exhibits 28 and 29. Thereafter, the Investigating Officer recorded statements of few persons residing in the vicinity of the house of the accused including the mother-in-law and sister-in-law of the deceased and such statements revealed that a quarrel had ensued between the accused and his wife, the deceased, in an agricultural field. The sister-in-law of the deceased, named Reshamben, pointed out the place where the agricultural field was situated, and a detailed panchnama of the agricultural field was also drawn in the presence of two panch witnesses. On 6th October, 2005, the accused was arrested, and the arrest Panchnama was, accordingly, drawn in the presence of two panch witnesses, being Exh.27. On completion of the investigation, a charge-sheet was filed against the accused in the Court of the learned Judicial Magistrate, First Class, Chanasma for the offence of murder, punishable under Section 302 of the Indian Penal Code.