MANILAL MANGALBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant-original accused has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 9.4.2007 passed by the learned Presiding Officer, Fast Track Court no. 5, Vadodara in Sessions Case No. 147/2005, whereby, the learned trial Judge has convicted the present appellant-original Accused under sec. 302 of IPC and sentenced to undergo R/I for life and to pay a fine of Rs. 2000/-, in default, to undergo further S/I for one month, which is impugned in this appeal.

(2.) 2.1 The brief facts of the prosecution case is that on 28.2.2005, at village Kundhela, Tekra Faliyu, Taluka Dabhoi, complainant- Vajirbhai Mangalbhai Vasav after taking his supper went to sleep in the "adari" of his house at about 10.00pm in the night. The appellant was also sleeping in the "adari" of his house, whereas, deceased Bhogilal Vajirbhai Vasava was also sleeping in the "adari" of his house. Since there was a quarrel between the appellant and his wife in the morning and the deceased, who was his real nephew, had interfered and saved her, and therefore, keeping grudge in mind, at about 24.00 hours in the mid-night, the appellant had inflicted axe blows on the head and mouth of the deceased and committed murder of deceased Bhogilal Vajirbhai Vasava.

(3.) 3.1 After considering the oral as well as documentary evidence and after hearing the parties, learned trial Judge vide impugned judgment and order dated 9.4.2007 has convicted the present appellant original accused as stated above.