RAJU @ TAKO SARVADAMAN TANK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 30.6.2006 passed by the learned 3rd Fast Track Judge, Junagadh in Atrocity Sessions Case No. 18/2005, whereby, the learned trial Judge has convicted the appellants under sec. 302 of IPC and sentenced to undergo R/I for life and to pay a fine of Rs. 2000/ -, in default, to undergo further imprisonment for two months. He is also convicted under section 37(1) and 135 of the B.P. Act, and sentenced to undergo R/I for one year and to pay a fine of Rs. 500/ -, in default, to undergo further S/I for one month. Both the sentences were ordered to run concurrently and the appellant was also given set -off, which is impugned in this appeal. The case of the prosecution is that on 24.5.2005, at about 1.00noon, the appellant was standing with his auto rickshaw near Kamdar Society, at that time, when nephew of complainant deceased Kanjibhai Rajabhai along with witnesses PW -16 Jethva Vijay @ Jingo Amrutlal and Chudasama Dinesh Nathabhai were passing near the auto rickshaw, there was some altercation with PW -16 Jethva Vijay @ Jingo Amrutlal. Therefore, The appellant had given knife blow below navel in the abdomen of deceased Kanjibhai Rajabhai and thereafter the appellants ran away with his auto rickshaw from the place of offence. Thereafter, the complainant came there and taken his nephew Kanjibhai Rajabhai to the Government Hospital, at Junagadh, where doctor had declared him as dead. Thereafter the complaint was filed. The appellant accused came to be arraigned for committing the murder and after the investigation was complete, the charge -sheet was laid against the present appellants. Thereafter, as the case was exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions, which was given number as Atrocity Sessions Case No. 18/2005.

(2.) THEREAFTER , the Sessions Court framed the charge below Exh. 1 against the appellant for commission of the offence under section 302 of IPC and under sec. 135 of the BP Act and under section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant - accused has pleaded not guilty and claimed to be tried. To prove the case against the present appellants, the prosecution has examined22 witnesses and has relied on about 21 documents. 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.

(3.) AFTER considering the oral as well as documentary evidence and after hearing the parties, learned trial Judge vide impugned judgment and order dated 30.6.2006 held the present appellant - original accused guilty of the charge levelled against him under sec. 302 of IPC and under sec. 37(1) and 135 of the BP Act, convicted and sentenced the appellant -accused, as stated above.