VIRABHAI VASABHAI BHENDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has challenged the judgment and order dated 14.10.2009, passed by the Sessions Judge, Bhavnagar, in Sessions Case No.207 of 2008, whereby he was convicted for the offence punishable under Sections 302 of the Indian Penal Code (for short the I.P. Code ) and sentenced to undergo imprisonment for life and fine of Rs.1,000/, indefault of payment of fine, the appellant shall undergo further simple imprisonment for two months. The appellant was acquitted for the offences punishable under Section 504 of the Indian Penal Code and under Section 135 of the Bombay Police Act.

(2.) THE case of the prosecution as unfolded during the trial are that the appellant was harbouring the suspicion that the deceasedLakhabhai is having illicit intimacy with his sister and as a result, she had become pregnant. On account of this unholy suspicion, on 18.07.2008 at about 19:45 hours while the deceasedLakhabhai was going to repair lantern at village Depala, the appellant gave filthy abuses to the deceased and attacked him with knife and caused injury on the chest. As a result of said injury, the deceasedLakhabhai died. The complaint in respect of this incident was lodged by the complainantSureshbhai Bhagwanbhai. In pursuance of this complaint, FIR vide Jesar Police Station ICR No.20 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 Bhavnagar under Section 209 of the Code, where it was registered as Sessions case No.207 of 2008. Charge vide Exhibit9 came to be framed against the appellant. He pleaded not guilty and claimed to be tried. In order to bring home the charge against the appellants, the prosecution examined the following witnesses: <FRM>JUDGEMENT_212_LAWS(GJH)7_20141.html</FRM>