GOPALBHAI MAHIJIBHAI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against impugned judgment and order of conviction and sentence dated 28.5.98 passed by the learned 3rd Joint Addl. Sessions Judge, Kheda, Nadiad in Sessions Case No.235 of 1997 whereby the learned Judge convicted the appellant-accused for the offence u/Sec.302 read with Sec.34 IPC and sentenced him to suffer life imprisonment and to pay fine of Rs.500/= in default to further undergo SI for one month. Case of the Prosecution in brief :-

(2.) . However, fourth accused Lalo Mahiji @Laljibhai, who was aged only 14 years was tried before Juvenile Court being Juvenile offender. We are told that the Juvenile Court by giving benefit of doubt acquitted the Juvenile accused-Lalo Mahiji @Laljibhai for committing murder of deceased-Gababhai.

(3.) . Prosecution has examined Pradeepbhai Somabhai Kachhia PW-4 Ex.19, Ramsing Fulabhai PW-6 Ex.21 and Lalo @Gordhanbhai Thakore PW-7 Ex.22 on the point of accused last seen with deceased some time before the commission of offence. However, Jashiben Mahijibhai, sister of the accused, PW-8 Ex.23 turned hostile. Dr.Shirazbhai Firozbhai Vohra, who performed postmortem was examined to prove postmortem notes at Ex.13. Panchnama scene of offence at Ex.25 Mohanbhai Vitthalbhai PW-9 Ex.35 was examined as panch witness. Panchnama of slippers of the accused is at Ex.26, Udesinh PW-10 Ex.36 turned hostile. However, Shankerbhai Somabhai Solanki PW-11 Ex.37 proved the Panchnama. Discovery panchnama of weapon "kosh" (iron bar, shaped at one end and used as an instrument for digging) discovered at the instance of the accused is at Ex.39. Panch Witness, Bhupendrabhai Naranbhai PW-12 Ex.38 turned hostile. However, another Panch Witness, Somabhai Mahijibhai PW-13 Ex.43 has proved the Panchnama. FSL report at Ex.34 shows that human blood was found on "kosh". However, no opinion could be given regarding its blood group. Police Sub-Inspector, Shri Champaksingji Narsinh Parmar PW-14 Ex.44 and Police Sub-Inspector Ranjitsingh Kishoresingh Chauhan PW-15 Ex.47, I.Os. have investigated the case.