SHANTIBHAI BHOLABHAI PARMAR 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 27.11.2002 passed by the learned Addl. Sessions Judge, Fast Track Court, Amreli in Sessions Case No. 1/2002, whereby, the learned trial Judge has convicted the present appellant Ori. Accused under sec. 376 of IPC and sentenced to undergo R/I for ten years. He is also convicted under section 302 of IPC and sentenced to undergo life imprisonment, which is impugned in this appeal.

(2.) 1 The brief facts of the prosecution case is that the complainant is residing at village Vavdi, Tal. Dhari. On 1.8.2001, at about 7.000am in the morning he went to the field with cattle. During that time, appellant also arrived at the field at 8.00am in the morning. The complainant had left for home at 9.00am as some guest had come and told the appellant to spray the pesticides in the field. The complainant had gone to another village Ambaradi for social work. At 7.00pm, he received a telephone from Ranubhai who told him to immediately come to village Vavadi, therefore, he came to Vavadi and he found his daughter in unconscious condition. On asking to his son, he was informed by his son Suresh that since victim had not come with the cattle to home, therefore, he went to the field with his friend and found victim lying in the field in unconscious condition and appellant was also not found there. Therefore, the appellant had committed rape on victim and committed her murder, and therefore, the complaint was filed.

(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.