JENTIBHAI VIRABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and order passed by the Court of learned Addl. Sessions Judge and Presiding Officer, Fast Track Court No.5, Junagadh in Sessions Case No.01 of 2006 dated 21.08.2007 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 rigorous imprisonment for life and fine of Rs.10,000/and in case of default, simple imprisonment for a further period of six months. The sentence already undergone by accused was given as setoff.

(2.) THE facts in brief of the prosecution case are that on 01.10.2005 at around 0530 hrs. while Rasilaben, wife of the appellant herein and two sons, namely, Jignesh and Sanjay, were sleeping in their house, the appellant herein assaulted them with an axe and ironrod and thereby, caused severe injuries to all three of them. As a result of the said assault, all three victims sustained severe bodily injuries and ultimately, died. A complaint in connection with the above incident was lodged against the appellant with Junagadh Taluka Police Station vide C.R. No. I167 of 2005. Necessary investigation was carried out and statements of witnesses were recorded. At the end of investigation, chargesheet was filed against the accused before the concerned magisterial Court but, as the case was sessions triable, it was committed to the Sessions Court, Junagadh for trial. 2.1 During the trial, the prosecution examined the following 37 witnesses; Prosecution Witness No. Name of Witness Exhibit No. 1 Dr. Ashok Narhariprasad 9 2 Dr. Atulbhai Chandulal 14

(3.) DR . Bhalchandra Narmadashankar 26