ASHOKBHAI GHELABHAI VASAVA 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 25.2.2010 passed by the learned Sessions Judge, Narmada at Rajpipla in Sessions Case No. 22/2009, whereby, the learned trial Judge has convicted the present appellant Accused 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 three months, which is impugned in this appeal.

(2.) 1 The brief facts of the prosecution case is that on 7/8.4.2009 at 12.00 hours in the night, the appellant had committed murder of deceased Movasibhai Damjibhai Vasava by inflicting dhariya blows on the head of the deceased because he had a doubt that the deceased had illicit relation with his wife. Therefore, 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.