RAGHNATHBHAI PREMABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-ori. 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 30.3.2007 passed by the learned Addl. Sessions Judge, 2nd Fast Track Court, Deesa, Banaskantha in Sessions Case No. 19/2003, whereby, the learned trial Judge has convicted the appellant for the offence under sec. 302 of IPC and sentenced him to undergo life imprisonment and to pay a fine of Rs. 5000/-, in default, to further undergo S/I for two months. The appellant is also convicted for the offence under section 201 of IPC and sentenced to undergo S/I for ten years and to pay a fine of Rs. 500/-, in default, to undergo further S/I for one month, which is impugned in this appeal.

(2.) 1 The case of the prosecution is that on 23.11.2002, the complainant was at his field known as "Lavarawala" with his father and younger brother. At that time, Jesungbhai Bhemabhai Patel of village Vinchhivadi, who is also cousin brother of accused, had came there on tractor and told the complainant and his father that his sister Parvatiben had died due to burns injuries in the field. Therefore, the complainant, his father and other family members went to Vinchhivadi village where they saw dead-body of Parvatiben lying in the field, and therefore, the aforesaid complaint was lodged against the accused-present appellant.

(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.