AJAYKUMAR HARIVANSHBHAI SHUKLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order passed by the learned Addl. Sessions Judge, Kheda at Nadiad in Sessions Case No.04/2007 whereby, the appellant herein, original accused, has been convicted for the offence punishable u/s.302 of Indian Penal Code (for short, "the IPC") and has been sentenced to undergo rigorous imprisonment for life and fine of Rs.1000/ and in case of default, rigorous imprisonment for a further period of three months.

(2.) ANTECEDENT facts of this case, which require brief mention, are these; Rakeshbhai Harmanbhai Saxena, the Manager of Ogan Amp Nagarsheth Power Tronics Ltd., lodged a complaint before Kheda Town Police Station inter lia alleging that on 22.09.2006 at around 1215 hrs. in the compound of the Company, the appellant herein, original accused, inflicted a sickle (dharia) blow on the head of Gopaldhane Khatri, which resulted into the death of said person. The said complaint was filed on the same day and was registered as IC.R. No.171/2006. Necessary investigation was done and the appellantaccused was also arrested. At the end of investigation, chargesheet was filed before the Court of learned JMFC, Kheda. However, since the case was sessions triable, it was committed to Sessions Court, Kheda at Nadiad. On production of accused, charge was framed but, as the accused pleaded not guilty to the charge levelled against him, the case was proceeded on merits.

(3.) MRS . C.M. Shah learned APP supported the impugned judgment and submitted that the Court below appreciated the entire oral as well as documentary evidence on record in its proper perspective. She submitted that the testimony of Binti Radho Yadav (PW11) establish that the appellant had made an extrajudicial confession before him. Therefore, the Court below was justified in treating it as such.