(1.) The present criminal appeal has been preferred under Section 374 (2) of Cr.P.C against the Judgment and Order dated 29.12.2009 passed by the learned Additional Sessions Judge, Rajkot in Sessions Case No. 63 of 2009 convicting the accused-appellant under Section 302 of I.P.C and sentencing him to suffer life imprisonment and to pay a fine of Rs.25,000/-, in default of payment of fine to undergo further two year simple imprisonment.
(2.) The prosecution version in brief, is that the accused Kanubhai Virjibhai was having doubt about illicit relations of deceased Sureshbhai Rayabhai Vasani with his wife and therefore, the accused inflicted blow on the head of the deceased with dhariya and he died. The brother of the deceased Parshottambhai Rayabhai Vasani lodged complaint at Vinchhiya Police Station Crime Register No.I.48/2008. Thereafter, investigation was carried out. The investigating officer recorded statement of various witnesses. Panchnamas were drawn. Postmortem of the dead body was carried out. Muddamal articles recovered was sent for analysis at Forensic Science Laboratory and finally the charge-sheet was filed before the court of competent jurisdiction. The accused was committed to the Court of Session which charged the accused for the offences punishable under Section 302 of I.P.C and Section 135 of Bombay Police Act. The accused was tried in accordance with law and by judgment dated 29.12.2009, the Additional Sessions Judge, Rajkot found the accused guilty for the offence punishable under Section 302 of I.P.C and sentenced him to suffer life imprisonment with fine.
(3.) Being aggrieved with the said judgment of conviction and sentence, the accused-appellant has preferred present appeal.
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