DEVAYAT KANABHAI DER AHIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is at the instance of a convicted person and is directed against the order of conviction and sentence dated 29th July, 2008 passed by the learned Additional Sessions Judge, 4th Fast Track Court, Gondal Camp Jetpur, in Sessions Case No. 51 of 2008 by which the learned Sessions Judge, convicted the appellant for the offence punishable under section 302 of the Indian Penal Code and sentenced him to imprisonment for life and a fine of Rs.15,000/ -; in default of payment of such fine, a further imprisonment for one year was imposed. The learned Sessions Judge also convicted the appellant for the offence punishable under Section 135 of the Bombay Police Act and sentenced him to rigorous imprisonment for 4 months and a fine of Rs.500/ -; in default of payment of such fine, a further simple imprisonment for one month was ordered to be undergone. The learned single Judge further directed that out of the amount of fine for the offence punishable under Section 302 of the Indian Penal Code, a sum of Rs.10,000/ - should be payable to Puriben Shardulbhai, the wife of the deceased Shardulbhai, as compensation under section 357 of the Criminal Procedure Code.

(2.) THE following charge was framed against the appellant:

(3.) ' 2 Inquest panchnama 13'.V 3 Panchnama of clothes of deceased W' taken in custody V ¦ V. 4 Panchnama of the body condition of 15' the deceased si No. Particulars of the Documents Exh. No. 5 Panchnama__17 6 P.M. Report__20 7__Post -mortem form__21 8 Police Memorandum__22 9 Memorandum of the blood samples, 23 collected from the dead body during P.M, sent to the P.S.I. J. Ta. 10 Original complaint__27 11 Police memorandum with regard to 31 treatment be given to the complainant 12 Letter of muddamal sent to FSL 32 13 Memorandum to register the offence 36 14 Depute order of handing over the 37 investigation to H.C. 15 Memorandum sent to the Exe. Magi. 38 to fill Inquest 16 Report of serious crime 39 17 Memorandum to Dy.S.P. of Jetpur 40 to make visitation 18 Fax message 41 -42 19 Copy of the St. D. Entry No. 2/04 43 20 Copies of the FIR of J. Ta. Po. St. 44 -45 Prohi. 21 Copy of the Notification prohibit - 46 ing the weapon 22 Receipt of FSL of receiving 47 muddamal 23 Report of FSL 48 -49 . 24 Report of Physics Department of 50 -51 FSL 25 Report of Serological Department of 52 -53 __FSL___ 26 Memorandum sent by the I/C PSI 54 to the P.I. of Rajkot City to get cus - tody of the accused__'¦. 27 Written report sent to the P.I. B. 55 Nagar Rajkot City 28 Memorandum sent to the Medi. 5