KANAKSINH RUPSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been preferred by the appellant -orig.convict challenging the legality and validity of the judgment and order of conviction and sentence dated February 11, 2003 passed by the Additional Sessions Judge, Fast Track Court, Sabarkantha at Himatnagar, in Sessions Case No.66 of 2002, whereby the present appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and thereby, he has been sentenced to undergo Life Imprisonment and to pay a fine of Rs.5000/ - and in case of default, simple imprisonment for one year. The appellant has also been convicted for the offences punishable under Section 135 and 37 of the Bombay Police Act and thereby, he has been sentenced to pay a fine of Rs.200/ - and in case of default to undergo simple imprisonment for one month.

(2.) IT is the case of the prosecution that on April 04, 2002, the complainant Vinaba Pruthvisinh was at her home along with her husband Pruthvisinh Cheharsinh and children at village Kanada, as they had inseminated cumin seeds. On that day, in the evening at about 08 - 00 p.m., since the appellant -Kanaksinh Rupsinh Jhala was pissing near the house of the complainant, her husband Pruthvisinh had told him, "I have wife and children at my home and you are pissing here. Don't you feel ashamed -. On his saying so, the appellant suddenly got enraged and inflicted a scythe blow on the head of Pruthvisinh, husband of the complainant and he had fallen down and the appellant had fled away. Thereafter, Pruthvisinh was taken to hospital, where he succumbed to the injuries. In pursuance of the same, an FIR came to be lodged with Himatnagar Town Police Station qua the offence punishable under section 302 of the Indian Penal Code read with sections 135 and 37 of the Bombay Police Act. This is the sum and substance of the case of the prosecution.

(3.) ON the strength of the First Information Report lodged by the first informant, the investigation commenced.