NARENDRASINH RANJITSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . This conviction appeal under section 374 of the Code of Criminal Procedure 1973 (Cr.P.C. for short) at the instance of the appellant, original accused, is against the judgment of the learned Additional Sessions Judge, Kheda at Nadiad, in Sessions Case No.300 of 1993, by which the appellant-original-accused came to be convicted for the offence punishable under section 302 of the Indian Penal Code (IPC for short) and sentenced to undergo rigourous imprisonment for life and also fine of Rs.100 and in default to undergo simple.imprisonment for 15 days.

(2.) . A few material skeleton projection of facts leading to the rise of this appeal may be highlighted, at the outset, so as to appreciate the merits of the appeal and challenge against it. As per the prosecution case, the Appellant-accused intentionally committed offence of murder by killing one Sadhu on 2.9.93,at about 10.30 a.m. near Punit Ashram, Dakor by inflicting severa blows with wooden log on the head of the deceased, and that too, for a petty cause and motive. It was the case of the prosecution that there was a quarrel between the deceased and the accused for a petty cause in the compound of Bhojnalay of Punit Ashram at Dakor which prompted and provoked the accused, as a result of which he took up wooden log and gave several blows on the head of the deceased Sadhu, who was immediately shifted to SSG Hospital at Baroda, where he was found and declared dead. The accused was caught immediately after the incident arid complaint came to be lodged. The accused came to be arrested and investigation was carried on and upon completion of the investigation, case came to be committed to the Court of learned Additional Sessions Judge, Kheda at Nadiad, and the accused was charged under section 302, to which he denied and claimed to be tried.

(3.) . The prosecution placed reliance on the following witnesses :