RUMALBHAI RUPABHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant-accused is under trial prisoner has challenged the judgment and order passed by the learned Sessions Judge, Godhra, in Sessions Case No.136/2004 dated 01.11.2004 whereby, the appellant herein, original accused, has been convicted for life imprisonment for the offences punishable u/s.302 of the Indian Penal Code (for short, "the IPC") and fine of Rs.5,000/- and in default of payment, further sentenced of simple imprisonment for four month. The trial Court further directed that fine if paid by the accused, the same be paid to the minor Sahed by way of compensation. The amount to be paid to the Minor Sahed be deposited in any nationalized Bank by way of Fixed Deposit. The guardinan be appointed for taking care of the Minor Sahed. The interest accrued on the said F.D. Be paid to the said guardian for the maintenance of minor Sahed.

(2.) A complaint was lodged by one Himabhai Dalubhai Rathwa. It is stated in the said complaint that the accused having illicit relationship with with Premila, daughterinlaw of the deceased. It is further the case of the prosecution that on 7.2.2004 he along with his wife sonkiben were present in his house, at that time his brother Dalubhai and his children were also present in his house. At about 9 o'clock at night, he heard some altercations between Rumalbhai and his brother. He intervened to resolve the issue. At that time, Rumalbhai Rathwa took a wooden block and hit it on the head of the the brother of the complainant, Roopsingh Rathwa, who fell down and due to the said injuries he succumbed due to the said injury. After necessary investigation was carried out and the appellant came to be arrested. On completion of investigation, chargesheet was filed before the appropriate Court. Since the case was Sessions triable, it was committed to Sessions Court, Godhra. The appellant pleaded not guilty and therefore, charge was framed and trial was initiated.

(3.) HEARD learned advocate for the appellant and Mr. Pujari, learned APP appearing for the respondent.