LACHUBHAI BHIMJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the original accused in Sessions Case No. 74 of 2007, whereby, he has challenged the judgment and order of the learned Sessions Judge, Valsad, Dated : 26.02.2008, recording the conviction of the accused -appellant, herein, under Section 302 of the IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs.1000/ - and in default to undergo further simple imprisonment for six months.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, reads as under;

(3.) A complaint came to be lodged against the appellant, wherein, it was stated that on 06.05.2007, at about 03:30 a.m., while the complainant and the witness were sleeping outside their house, the appellant and his wife came there shouting and when the deceased asked them not to do so, the appellant got angry and attacked the deceased with a wooden log. The injured succumbed to his injuries, subsequently. On registration of the complaint, police carried out investigation into the alleged offence and on finding prima facie evidence, charge -sheet was laid against the appellant before the Court of the Ld. JMFC, Dharampur. However, since, the case was exclusively triable by a Court of Sessions, same was transferred to the Sessions Court, Valsad.