GOLDENKHAN @ FIROZKHAN AJMUDDINKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is filed by the convict -accused for the offence punishable under Section 302 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 15h October, 2004 passed by the learned Additional Sessions Judge, Fast Track Court No.1, Bhavnagar, in Sessions Case No.55/2004. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code and consequently, sentenced him to suffer life imprisonment with a fine of Rs.20,000 in default of which to further undergo simple imprisonment for a period of two years.

(2.) THE case of the prosecution as emerging from the case of the prosecution is that the complainant, Mahendrabhai Nakulbhai Vishwakarma lodged a complaint on 29th December 2013 alleging that on 28th December 2003 at about 7.30 PM his son Raviranjan was playing near his room and at that time accused had taken his son along with him for playing on the wooden bench. At that time, as one patient Sudama Yadav had come for treatment purpose, the complainant had gone inside for treating him. Thereafter, at about 8 PM when he searched for his son, he was not found. Therefore, he along with his wife, Chintadevi and others have made search, but could not find the boy. Thereafter, at about 10.30 PM his son, Raviranjan was found in the room Goldenkhan, the appellant -accused herein below his bed in one bucket. The boy was found to be dead and his mouth was gagged with one cloth. As the body of the boy was found to be warm, he was taken to Bhavnagar Government Hospital for treatment purpose but he was declared as dead. Therefore, the complainant has lodged the aforesaid complaint with Velavadar (Bhal) Police Station, Bhavnagar being C.R.No.I 60 of 2003 for the offence punishable under Section 302 of IPC.

(3.) THE investigation was taken up and after usual investigation, charge sheet came to be filed against the appellants. As the offences committed by the appellants were exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Sessions Court, Bhavnagar under Section 209 of the Code. Upon committal, the case came to be registered as Sessions Case No.55 of 2004 in the court of the learned Additional Sessions Judge, Fast Track Court No.1, Bhavnagar. Charge vide Ex.5 came to be framed against the appellant. The appellant pleaded not guilty and claimed to be tried.