DINESHBHAI KANJIBHAI RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant, original accused, has challenged the judgment and order passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.2, Sabarkantha, Himmatnagar, in Sessions Case No.28/2006 dated 22.03.2007 whereby, the appellant herein, original accused, has been convicted for life imprisonment for the offences punishable u/s.302 of the Indian Penal Code (for short, "the IPC") and fine of Rs.5,000/ and in default to pay the fine, further sentenced of simple imprisonment for six months. The appellant has been given the benefit of set off.

(2.) A complaint was filed by the complainant herein Kanjibhai Ganeshbhai Raval, the father of the appellant, on 14.11.2001, inter alia alleging that his son Dinesh, appellant herein and deceased Usha had love affairs and thereafter they got married. It is further alleged in the complaint that Usha was serving as Vidya Sahayak at village Kudi. On 13.11.2001 at about 9:45 pm. his son came and told the complainant to go to the house. When the complainant asked about Usha, his son did not reply and fled away from there. It is also alleged that when the complainant went to the house of his son, he saw that Usha was lying on the floor in a dead condition. Thereafter, the complaint was filed by the complainant.

(3.) LEARNED counsel for the appellant submitted that the trial Court has committed error in convicting the present appellant u/s. 302 of the IPC. He further submitted that since the relationship between the brother of the deceased and the present appellant was not good, therefore, the present appellant has wrongly been involved in this case.