GALJIBHAI HARIBHAI GURJAR (ADIVASI) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order passed by the learned Addl. Sessions Judge, 5th Fast Track Court, Himmatnagar, Camp -Idar in Sessions Case No. 191 of 2006 whereby, the appellant, original accused, has been convicted for the offence punishable u/s. 302 of Indian Penal Code (for short, "the IPC") and sentenced to undergo imprisonment for life and fine of Rs. 1000/ - and in case of default in making payment of fine, he was ordered to undergo simple imprisonment for further period of one year. The sentence already undergone by the accused was given as set -off. The facts in brief of the prosecution case are that the complainant herein, Bheraji Amraji Chauhan, is a resident of Village Ukhladungri and was earning his livelihood from agriculture. Earlier, the complainant was married to Puniben, daughter of Bhikhaji Dhanaji Ninama and out of the said wedlock, five children were born. However, before about three years from the date of alleged incident, the complainant and said Puniben got legally separated and one year later, he married Kaliben, daughter of Kashraji Sulji Limbad.

(2.) MR . J.M. Buddhbhatti learned counsel for the appellant submitted that the Court below committed serious error in convicting the appellant for the crime in question. He submitted that the testimonies on which the Court below has placed heavy reliance for recording conviction ought not to have been believed since the witnesses concerned are close relatives of deceased. He further submitted that there are material contradictions and omissions in their evidence and therefore also, the Court below ought not to have made their evidence the basis for recording conviction.

(3.) HEARD learned counsel for the respective parties. The medical evidence on record in the form of testimony of Dr. Hitesh Daljibhai Tabiyad (PW -1) and Post -mortem report (Exhibit -10) prove the factum of deceased having died a homicidal death. In column no. 17 of the Post -mortem report, the Doctor has described the injuries sustained by deceased in detail. Out of the total six injuries, five injuries were caused by a sharp -edged weapon, which, as per the testimony of PW -1, is the muddamal weapon - knife. Looking to the nature of injuries and medical evidence on record, it is established that the deceased died a homicidal death.