RAMANBHAI SHANTILAL RATHODIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-ori. Accused no. 3 has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 23.4.2007 passed by the learned Sessions Judge, Vadodara in Sessions Case No. 115/2006, whereby, the learned trial Judge has convicted the appellant- ori. Accused under sec. 302 of IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 500/-, in default, to undergo S/I for 30 days, which is impugned in this appeal.

(2.) 1 The case of the prosecution is that the complainant Chandubhai has two sons namely Kanchan and Kanji, and one daughter Rekha. His elder son Kanchan was residing separately with his wife Ganga, mother Ujiben and his two sons in a house given by the complainant's father Shantibhai Chhotabhai rathodiya. The complainant has three younger brothers namely, Karshan, Raman and Balu. The complainant Chandu and his two brothers karshan and raman are residing separately in Indira Colony, whereas, the youngest brother Balu is residing separately with his family in Old Colony adjacent to Kanchan's house. The complainant's son Kanchan, from the very beginning was residing with his grandfather shantibhai, and due to love and affection, Shantibhai decided to give the said house to Kanchan, treating him as his fifth son. However,comlainant's three brothers and their family members were not happy with this decision, and they were, of and on, insisting upon Kanchan to vacate the said house and to give share to them.

(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.