VINODBHAI DEVJIBHAI RANA 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 27.2.2006 passed by the learned Addl. District & Sessions Judge, Gandhinagar in Sessions Case No. 91/2005, whereby, the learned trial Judge has convicted the appellant - Accused under sec. 341 of IPC and sentenced him to undergo imprisonment for one month and to pay a fine of Rs. 500/ -, in default, to undergo S/I for seven days. The appellant is also convicted under section 302 of IPC and sentenced to undergo R/I for life and to pay a fine of Rs. 25,000/ -, in default, to undergo S/I for three years. The appellant is convicted under section 309 of IPC and sentenced to undergo S/I for one year and to pay a fine of Rs. 1000/ -, in default, to undergo S/I for one month. The appellant is convicted under sec. 135 of the Bombay Police Act and sentenced to undergo R/I for four months and to pay a fine of Rs.1000/ -, in default, to undergo S/I for one month, which is impugned in this appeal.

(2.) THE case of the prosecution is that on 21.5.2005, in the evening at 5.00 Oclock, daughter of the complainant went to her uncles house and while she was returning to home at about 5.00 Oclock, the accused caught hold of the hand of the victim and took her to the nearest hut situated in Sector -24, Gandhinagar, where the accused was residing. It was alleged that the accused had told to the victim that the marriage of the victim is arranged with a boy of the same caste of the victim on 26.5.2005 and asked her to stop her marriage at any cost otherwise he will see to it that the marriage will not be solemnised and if the marriage is performed, he will kill her and also commit suicide. That a quarrel also took place between the accused and the victim. Therefore, the appellant had inflicted knife blows on the abdomen, backside and on other parts of the body of victim and has committed the murder of deceased Bhartiben and has also tried to commit suicide by inflicting knife blow on his body. Therefore, a complaint was lodged.