AMBUBHAI UKKADABHAI NAYKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal under Section 374(2) of the Code of Criminal Procedure has been preferred by the appellant herein - original accused No.1 challenging the impugned judgment and order of conviction and sentence dated 30.03.2001 passed by the learned Additional Sessions Judge, Vadodara in Sessions Case No.259 of 2000 convicting the appellant original accused No.1 and sentenced him to undergo life imprisonment and to pay fine of Rs.500/- and in default thereof, to undergo simple imprisonment of six months for the offence under Section 302 of Indian Penal Code and to pay fine of Rs.100/- and in default thereof, to undergo 10 days simple imprisonment for the offence under Section 135 of the Bombay Police Act.

(2.) ACCORDING to the prosecution case, on 4-1-2000 at about 7-00 in the evening, deceased Naginbhai told his wife Shaniben that he would go to Sardarpura village if he did not get bullock for his cart to take Savitaben to hospital as she was sick and left the house but he did not return home. As Naginbhai did not return, his wife Shaniben in the morning of 05.01.2000 asked her son Jayeshbhai to go to Sardarpura to inquire about Naginbhai. Therefore, Jayeshbhai left at about 9-00 in the morning, but returned within five minutes and informed Shaniben that Naginbhai was lying profusely bleeding in ravine on the road going to Sardarpura. Therefore, Shaniben and other persons went there and found that Naginbhai was lying dead. Therefore, Shaniben lodged first information report against the appellant herein.

(3.) TO prove the case against the accused, the prosecution examined following witnesses:- <FRM>JUDGEMENT_820_TLGJ0_2013.htm</FRM>