LAXMANBHAI BHAIJIBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is filed against the judgment and order passed by the learned Sessions Judge, Kheda at Nadiad in Sessions Case No.40/2009 dated 26.08.2009 whereby, the appellant, original accused, has been convicted for the offence punishable u/s.302 of Indian Penal Code (for short, "the IPC") and has been sentenced to undergo imprisonment for life and fine of Rs.60,000/and in case of default, rigorous imprisonment for a further period of two years. Out of the amount of fine, if received, an amount of Rs.50,000/was ordered to be paid to Sarojben, wd/o. Deceased Hasmukhbhai as compensation. The accused was acquitted of the charge u/s.135 of BP Act.

(2.) THE facts in nutshell are that on 05.09.2008 at around 2000 hrs. while Harshadbhai Ambalal Solanki was resting at his home, Harkhaben, mother of Hasmukhbhai Samantbhai, came to his house and informed him that appellantaccused had inflicted a scythe (dharia) blow on the head of her son Hasmukhbhai.

(3.) A complaint in respect of this incident came to be lodged with Dakor Police Station, in pursuance of which FIR vide IC.R. No.157/2008 came to be registered. The investigation was taken up and after usual investigation, charge sheet came to be filed against the appellant. The offence committed by the appellant was exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court at Valsad u/s.209 of the Code, where it was registered as Sessions Case No.40/2009. Charge came to be framed against the appellant. He pleaded not guilty and claimed to be tried.