SHANKARBHAI MANSUKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has challenged the judgment and order dated 31.07.2008, passed by the Presiding Officer & Additional Sessions Judge Fast Track Court No.3, Chhotaudaipur, in Sessions Case No.34 of 2008, whereby he was convicted for the offence punishable under Sections 302 of the Indian Penal Code (for short "the IPC") and sentenced to undergo rigorous imprisonment for life and fine of Rs.10,000/, indefault of payment of fine, the appellant shall undergo further rigorous imprisonment for one year. The appellant was acquitted for the offence punishable under Section 135 of the Bombay Police Act.

(2.) THE case of the prosecution as disclosed during the trial is that on 27.01.2008 at about 5:00 pm. one Shankarbhai Mansukhbhai Rathwa came to the house of the complainant and asked her son namely Bharatbhai to return Rs.100/and inflicted wooden log on the head of Bharatbhai and fled away from there. Thereafter, Bharatbhai was taken to the Hospital. However, after forty days said Bharatbhai was expired. The complaint in respect of this incident was lodged by the complainantSamtuben Harsingbhai. In pursuance of this complaint, FIR vide Jetpur Pavi Police Station ICR. No. 10 of 2008 came to be registered.

(3.) THE investigation was taken up and after usual investigation, chargesheet came to be filed against the appellant. The offences committed by the appellant were exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court at Chhotaudaipur under Section 209 of the Code, where it was registered as Sessions case No.34 of 2008. Charge vide Exhibit3 came to be framed against the appellant. He pleaded not guilty and claimed to be tried.