SUPABHAI VESTABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is at the instance of a convict accused for the offences punishable under Section 302 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 26th September 2007, passed by the learned Sessions Judge, Narmada at Rajpipla in Sessions Case No.16 of 2007. By the aforesaid order, the learned 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 to pay fine of Rs.1000/ - for the offence punishable under Section 302 IPC. In default of payment of fine the appellant was directed to undergo further Rigorous Imprisonment for 6 months. The learned Sessions Judge also convicted the accused for the offence punishable under Section 135 of the Bombay Police Act. However, the learned Sessions Judge has not imposed any sentence or fine so far as the offence under Section 135 of the Bombay Police Act is concerned.

(2.) I. Case of the Prosecution : -

(3.) On the strength of the FIR Exh.23 lodged by the PW1 Bhaguben w/o the deceased, the investigation commenced. The dead body of the deceased was sent for postmortem examination and the postmortem examination revealed that the deceased had sustained a lacerated wound on left side of face as well as on the left oracle of neck. The cause of death was assigned to be traumatic hemorrhagic shock leading to cardio respiratory failure due to injury on the vital part of the body i.e. head. Inquest Panchnama Exh.11 was drawn. The arrest Panchnama of the accused Exh.12 was drawn on 6thFebruary 2007. The clothes which were worn by the accused were changed and were taken in possession under a Panchnama Exh.12. The clothes of the deceased stained with blood were also recovered under a Panchnama Exh.13. Thereafter the scene of offence Panchnama Exh.19 was drawn in presence of the panch -witnesses. The axe alleged to have been used in the commission of the offence was also recovered at the time of drawing of the arrest Panchnama of the accused Exh.12. The muddamal articles were sent for chemical analysis to the Forensic Science laboratory. Statements of witnesses were recorded.