MANHARBHAI ALIAS MANUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant - accused Manharbhai @ Manubhai Maganbhai Harijan has challenged in this Appeal the impugned judgment and order dated 1.1.97 passed by Shri V.S. Bhatt, Sessions Judge, Panchmahals at Godhra, in Sessions Case No. 165 of 1996, whereby the learned Judge convicted the appellant - accused for the offence under Section 302 IPC and sentenced him to suffer life imprisonment and to pay fine of Rs. 500.00 in default to further undergo six months imprisonment.

(2.) Charge Exh.3 was framed by the learned Judge on 28th September 1996 against the appellant - accused, aged 38 years at that time. It is stated in it that on 22.3.96 at 8.00 p.m. the accused took deceased Rayaliben, aged 55 years, in the Railway Quarter near Halol Railway Station for the purpose of having sexual intercourse. At that time, complainant Vishnubhai Maganbhai Vaghari, son of Rayaliben, had seen the accused sleeping on his mother Rayaliben, therefore, with an intention to kill Rayaliben and with an intention to cause such injury, which may result into death, he committed murder of Rayaliben by pressing her neck and thereby he had committed an offence under Section 302 IPC.

(3.) Complainant Vishnubhai Maganbhai Vaghari, PW-1 Exh. 6, had lodged his FIR about the incident in question before the Police on the same day i.e. on 22.3.1996 at 9.30 p.m. which was recorded by PSI Harshadkumar Premshankar Dave, PW-5 Exh.20.