BHURABHAI SAJABHAI DUNGAICHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant has challenged the order of learned Additional Sessions Judge, Fast Track Court, Palanpur dated 21st October, 2008.

(2.) THE appellant is convicted and sentenced to suffer rigorous life imprisonment and fine of Rs.10,000/ - and in default of paying fine further two years rigorous imprisonment for the offences punishable under Section 302 of the Indian Penal Code. The appellant is also convicted and sentenced to suffer rigorous imprisonment for six months and fine of Rs.500/ - and in default of paying fine, further one month simple imprisonment for the offence punishable under Section 135 of the Bombay Police Act.

(3.) THE case of the prosecution is that the complainant -Hardiben Bhuralal is residing in Chikli Galia at Village Pansa Taluka Danta and doing labour work. The deceased was the son of the complainant . The deceased was working in the Raj Marbles at Ambaji and his service time was 8:00 a.m. To 6:00 p.m. . It is the case of the prosecution that on 28.11.2007, the deceased was going for service at morning time. That on the day of incident, when the complainant was at her home, one resident of her village:Bhimabhai Kanabhai Parmar was came and informed her that Bhura Saja i.e. present appellant had given axe blow to her son and he is in the farm in injured condition. Thereafter wife of the deceased, neighbour of the complainant -Kankuben Fulabhai were came and saw that deceased was not speaking anything and therefore, they reached at Ambaji Cottage Hospital in Jeep car, where he was transferred to Palanpur Civil Hospital for the further treatment. Thereafter, he was transferred at Mehsana, but on the way the deceased was expired and therefore, he was taken into Palanpur Hospital.