JAGATSINH VALSINH ZALA 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 31.7.2007 passed by the learned Sessions Judge, Main Court, Gandhinagar in Sessions Case No. 40/2007, whereby, the learned trial Judge has convicted the appellant- Accused under sec. 302 of IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/-, in default, to undergo R/I for six months, which is impugned in this appeal.

(2.) The case of the prosecution is that on 31.1.2007, at about 23.00 hours in the night, the complainant Head Constable Narsinhbhai Kalabhai, Buckle No. 302 of Rakhial Police Station along with Police Constable Rajendraprasad Natvarlal, Buckle No. 63 went on general night petrolling and came to Lihoda Bus Stand on 31.1.2007 at 00.45 hours in the night. At that time, PSO Shri Amaratbhai Punjabhai has informed them on telephone that Jagatsinh Valsinh, residing at Kadjodara (Sevena Chhapara) is came to the police station with his wife and children, who has informed that he has caused serious injuries to the deceased Ratansinh Prabhatsinh on his hands and legs when he was coming back from the field, near Golavala field, by inflicting dharia blows, and therefore, complainant was directed to verify the say of the appellant-accused by visiting the place of offence. On receiving such information on telephone, the complainant after obtaining information about Golavala field went there, and in light of torch, the complainant found the deceased lying there in a bleeding condition. Therefore, the injured was taken to the Government Hospital, Dehgam in Police Jeep. On the way, on asking about the incident, Ratansinh informed the complainant that the appellant has doubt in his mind about his illicit relation with his wife, and therefore, the appellant had caused injuries. On the way, the condition of Ratansinh has become very serious and when they reached hospital, the Medical Officer at Dehgam has declared injured Ratansinh as dead. 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.