BALUBHAI PARSHURAMBHAI BHIL 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 the order of conviction and consequent sentence dated April 05, 2007 passed by the learned Additional Sessions Judge, Fast Track Court No.9, Vadodara, in Sessions Case No.192 of 2006. By the said order, the learned Additional Sessions Judge convicted the appellant-accused under Section 302 of the Indian Penal Code and sentenced him to undergo life imprisonment with fine of Rs.1000.00. It has also been ordered that in default of payment of fine of Rs.1000.00, the appellant-convict shall undergo further simple imprisonment for one month.

(2.) ON June 06, 2006 the deceased, at around 3 O'clock in the afternoon, was cultivating his field with a plough attached to the bullocks. At that point of time, the PW-1 Mukeshbhai-son of the deceased was also in the field and the wife of the deceased named Ramilaben was at her house. It is the case of the prosecution that the accused who is the real brother of the deceased was present in his agricultural field and at that point of time the accused is said to have told the deceased as to why the deceased had touched and shifted a stone which was lying on the boundary of the two fields. The deceased is said to have replied to the accused that he had not touched or shifted the stone. ON this reply, the accused had an altercation with the deceased and entered into a physical scuffle. The deceased was knocked down by the accused and the accused started inflicting kick blows on the leg of the deceased. Thereafter, the accused is alleged to have pounced on the chest of the deceased and forcefully pressed the neck of the deceased and thereby throttling him to death. This is the sum and substance of the case of the prosecution.

(3.) AS the case being exclusively triable by the Sessions Court, the learned Judicial Magistrate First Class, Sankheda, committed the case to the Court of Sessions under Section 209 of the Code of Criminal Procedure, 1973. The learned Sessions Judge framed the charge against the accused at Exhibit 6. The accused pleaded not guilty to the charge and claimed to be tried.