NARESHKUMAR MANGAJI KHANT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal has been preferred by the Applicant - Convict under the provisions of Ss. 374 of the Code of Criminal Procedure, 1973 passed by the learned 6th (Ad hoc) Additional Sessions Judge, Sabarkantha at Modasa in Sessions Case No. 109 of 2013 [Old Sessions Case No. 83 of 2013], whereby the Appellant herein has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code and is sentenced to undergo life imprisonment with fine of Rs.1000.00.

(2.) The facts and circumstances giving rise to the filing of the present Appeal are such that the deceased Komal was married to the present Appellant one year prior to the incident. A week prior to the incident, deceased Komal had gone to her parental house for performing some post-marriage rituals. Couple of days prior to the incident, the Appellant had also gone to the place of the parental house of the deceased. On the fateful day, i.e. on 21/4/2013, deceased Komal, in the afternoon, had proceeded to the well of Prithvisinh Bhavansinh for washing the clothes. She was accompanied by the present Appellant. Since the deceased did not return after washing the clothes for sometime, her mother namely Taraben went to the place, where the deceased had gone to wash the clothes and saw the Appellant running from the place. She also saw her daughter Komal lying dead on the place of incident. She had informed her family members about the incident. She lodged the FIR with the aforesaid facts at Modasa Rural Police Station on 21/4/2013 itself. On the basis of the same, the offence in question came to be registered against the present Appellant.

(3.) The investigating agency, after conclusion of investigation, filed chargesheet against the present Appellant for the offence punishable under Sec. 302 of the IPC. Since the offence alleged in the charge- sheet was exclusively triable by the Court of Sessions, the learned Magistrate committed the proceedings to the Court of Sessions under Sec. 209 of the Cr. P.C.