RAMESHJI GALBAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant -Accused has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 18.9.2008 passed by the learned Sessions Judge, Palanpur in Sessions Case No. 102/2008, whereby, the learned trial Judge has convicted the appellant - Accused under sec. 302 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 500/ -, in default, to undergo S/I for one month, which is impugned in this appeal.

(2.) THE case of the prosecution is that the appellant -accused was cultivating the land of deceased on partnership basis and before about two days of the incident, the deceased had dissolved the partnership. Therefore, keeping grudge against the deceased, on 3.10.2007, at about 8.00p.m., in the evening, in the field of complainant, situated in the sim of village Navinagari, the appellant had assaulted upon the deceased Chelabhai Pitambarbhai Prajapati and gave blows with wooden block on parietal region and committed his murder. Therefore, a complaint was lodged.

(3.) THEREAFTER , after examining the witnesses, further statement of the appellant -accused under sec. 313 of CrPC was recorded in which the appellant -accused has denied the case of the prosecution.