KISHANBHAI GAMBHIRBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is preferred by the appellant, the original accused in Sessions Case No. 221 of 2008, challenging the judgment and order of the learned Presiding Officer and Additional Sessions Judge, Fast Track Court No. 6, Vadodara, Dated : 31.08.2009, rendered in the aforesaid Sessions Case, convicting him for the offence under Section 302 of the IPC and sentencing to undergo rigorous imprisonment for life and to pay fine of Rs.5000/ - and in default to undergo further rigorous imprisonment for one month. The appellant was also convicted for the offence under Section 135 of the Bombay Police Act and was sentenced to undergo rigorous imprisonment for 30 days.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, reads as under;

(3.) A complaint came to be lodged by one, Ranjanben Somabhai Vasava, who happened to be mother of the deceased Yogesh, before PSO, Dabhoi Police Station, wherein, she stated that she is residing at the address mentioned in the complaint along with her three sons. Then, she went on to narrate the alleged offence stating that yesterday, i.e. on 27.05.2008, after having supper, she along with her sons was sitting outside her house and at that time, her second number son, namely Yogesh, went into the neighbourhood and at that time, the appellant hurled abuses at Yogesh and when Yogesh asked him not to do so, the appellant got enraged and went after Yogesh with a knife and delivered a blow on the left side of his chest, near the house of one Shardaben Somabhai Vasava. Later on, the injured succumbed to his injuries and expired. On registration of the complaint, police carried out investigation into the alleged offence and on finding prima facie evidence, laid charge -sheet against the appellant before the Court of the Ld. CJM, Vadodara.