MITESHKUMAR KANJIBHAI KATARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant was put to trial in Sessions Case No. 151 of 2006 in the Court of learned Additional Sessions Judge, 2nd Fast Track Court, Sabarkantha at Himmatnagar, Camp at Idar for offence punishable under section 302, 452, 326 and 427 of Indian Penal Code as well as under section 135 of B.P. Act. The learned trial judge vide impugned judgement and order of sentence dated 01.05.2007 convicted the appellant for offence punishable under sections 302 and 452 of Indian Penal Code and is directed to suffer imprisonment for life and is ordered to pay fine of Rs. 500, in default, to undergo rigorous imprisonment for three months for offence punishable under section 302 of Indian Penal Code, whereas for the offence punishable under section 452 of Indian Penal Code, the appellant is directed to suffer rigorous imprisonment for seven years and is ordered to pay fine of Rs. 500/-, in default, to undergo rigorous imprisonment for one month. Both the sentences are ordered to run concurrently. The appellant was acquitted for the offence punishable under sections 326 and 427 of Indian Penal Code as well as section 135 of B.P. Act.

(2.) The brief prosecution case against the appellant as unfolded during the trial is that on 15.04.2006, while the complainant and his family members were watching television at his house, the accused came there and started an argument as to why they were not allowing the betrothal of the accused to take place and as to why the complainant and his family members were speaking ill of the accused. The deceased asked the accused as to why he was blaming them. This excited the deceased and he pulled out a knife and gave a knife blow to the deceased. The accused also gave axe blow to the wife of his brother and also to his mother. 2. 1 A complaint was therefore lodged by P.W. 1 - Kalpesh Katara with Vijaynagar police station and in pursuance thereof, FIR vide C.R. No. I 27 of 2006 came to be registered. The investigation was taken up and after usual investigation, charge sheet came to be filed against the appellant. The offences committed by the appellant was exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court under Section 209 of the Code. Upon committal, the case came to be registered as Sessions Case No. 151 of 2006 in Sessions Court, Sabarkantha - Himmatnagar, Camp - Idar. Charge vide Ex. 3 came to be framed against the appellant. He pleaded not guilty and claimed to be tried. 2. 2 The trial was initiated against the appellant and during the course of trial the prosecution examined following witnesses whose evidences have been read before us: <FRM>JUDGEMENT_297_LAWS(GJH)9_2014_1.html</FRM> 2. 3 The prosecution also relied upon the following documents as documentary evidences which have been perused by us: <FRM>JUDGEMENT_297_LAWS(GJH)9_2014_2.html</FRM> 2. 4 At the end of trial, after recording the statement of the accused under section 313 of the Cr.P.C and hearing arguments on behalf of prosecution and the defence, the learned Sessions Judge convicted the appellant of the charges levelled against him by the impugned judgement and order.

(3.) We have heard Ms. Rekha Kapadia, learned advocate appearing for the appellant - accused and Ms. Nisha Thakore, learned APP appearing for respondent - State. Both the learned advocates have taken us through the oral as well as documentary evidence produced by the prosecution during the course of trial.