NARSINHBHAI CHANDUBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant was the original accused. He was charged with offences punishable under sections 302, 326 and 504 of the Indian Penal Code by impugned judgement dated 5.12.2007 rendered by learned Additional Sessions Judge, Bharuch, in Sessions Case No.56/2007. He was convicted for the said offences. For offence under section 302 of the IPC, he was sentenced to life imprisonment, fine was also imposed. For other offences, no separate sentence was awarded. He has thereupon presented this appeal challenging the said judgement.

(2.) BRIEFLY stated, the prosecution version was that on 1.4.2007, at about 9 O'clock at night, the accused demanded Rs.10 from one Sukabhai Oriyabhai Vasava for liquor. Sukabhai said that he had previously lent Rs.5 and thereafter, Rs.10 which also the accused had not returned.

(3.) GANPATBHAI Jitubhai Vasava,PW1, exh.8, was the first informant and an eyewitness. He deposed that he lived in Soneri Faliya of village Luna along with his wife and other family members. Deceased Sukabhai was his uncle. He also lived in the same locality. On 1.4.2007, at 9 O' clock when he was at home, he heard noises near the house of his aunt (wife of the deceased). He thereupon went there and saw that his aunt,uncle and his sister were present. Accused gave a blow to his uncle on the head with a piece of wood. The quarrel was about money. Accused had demanded money. With the impact of the blow, the deceased lost consciousness. He was bleeding from the head. He was taken to the hospital at Valiya from where he was sent to Bharuch Civil Hospital. The police came to the hospital at Bharuch where his FIR was recorded which was produced at exh.9. He identified the accused before the Court. He also identified the piece of wood as muddamal article no.5 allegedly used in the commission of offence.