THAKORE GOVAJI MAFAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 23.11.2006 passed by the learned Addl. Sessions Judge, Mehsana in Sessions Case No. 107/2006, whereby, the learned trial Judge has convicted the appellant under sec. 302 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/- in default, to undergo further S/I for one month. The appellant is also convicted under sec. 135 of the B.P. Act and sentenced to undergo S/I for one month and to pay a fine of Rs 100/-, in default, to undergo further S/I for seven days, which is impugned in this appeal.

(2.) 1 The brief facts of the prosecution case is that the appellant wanted to have relation with Sonal, daughter of complainant Jenaji Bhikhaji Thakor, residing in the sim of village Longhnaj, but she refused to it and in the meantime, she got married. Thereafter, on 13.3.2006, at about 9.30 am in the morning, Kamuben wife of the complainant, his daughter Sonal and son went for shopping to village Longhnaj and when they were coming back at about 10.30 am, at that time, the appellant inflicted knife blows on Kamuben and Sonal on their vital organs of the bodies and caused serious injuries to them and both succumbed to the injuries. Thereafter the complaint was filed.

(3.) Thereafter, after examining the witnesses, further statement of the appellant-accused under sec. 313 of CrPC was recorded in which the appellant-accused has denied the case of the prosecution.