NITINBHAI MAGANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant, original accused in Sessions Case No.91 of 2007, has called in question the conviction and sentence imposed upon him by the learned Addl. Sessions Judge, Fast Track Court, Gandhinagar, vide judgment and order dated 04.05.2009. The appellantaccused was convicted for the offence punishable u/s.302 of Indian Penal Code (for short, "the IPC") and was sentenced to undergo imprisonment for life and fine of Rs.200/ and I.D. S.I. for one month. The sentence already undergone by him was given as setoff.

(2.) THE facts in a nutshell, as emerging from the evidence led before the Court below, is that on 20.05.2007 the P.S.O. of Sector7 Police Station, Gandhinagar received a telephonic information from one Prajapati Vishnubhai Gangaram, resident of Block No.28/2, Sector23, Gandhinagar to the effect that a dead body of a lady was lying near "Sanskruti Kunj" area of Gandhinagar City situated on the banks of River Sabarmati. On the basis of the said information, Accidental Death Case No.16/2007 was registered and investigation was handed over to R.R. Vankar, Police SubInspector.

(3.) NECESSARY investigation was carried out and ultimately, chargesheet came to be filed against the appellant. The offence committed by the appellant was exclusively triable by the Court of Sessions and therefore, the learned Magistrate committed the case to the Sessions Court, Gandhinagar u/s.209 of the Code of Criminal Procedure, where, it was registered as Sessions Case No.91/2007. The appellant pleaded not guilty and claimed to be tried.