MANIBHAI JETHABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is at the instance of a convict under section 302, 324 and 504 of the Indian Penal Code and is directed against an order of conviction and the consequent sentence dated 12th March 2007 passed by the learned Additional Sessions Judge, 10th Fast Track Court, Nadiad, in Sessions Case No. 111 of 2006 thereby convicting the appellant under the aforesaid sections and imposing sentence of rigorous imprisonment for life with a fine of Rs. 500/ -, with a stipulation that in default of payment of fine, he would undergo further simple imprisonment for one year. No separate punishment was given for the offences punishable under sections 324 and 504 of the Indian Penal Code. Being dissatisfied, the convict has come up with the present appeal.

(2.) THE sum and substance of the prosecution case was that on 22nd March 2006, at about 19.00 hours, the accused of this case was going through the front portion of house of complainant in the street using abusive language, and at that time, Shivabhai, an injured witness, asked him to stop using abusive language. As a result, the accused was offended and inflicted a fatal blow of knife on the left side breast portion of Maughiben, the wife of Shivabhai Bhanabhai Koli Patel, aged about 70 years and inflicted blows of knife on witness Manjuben, wife of Bhurubhai Shivabhai Koli Patel and Shivabhai Bhanabhai Patel. A complainant was lodged by Bhurubhai Shivabhai before the Kheda Town Police Station. On the basis of said complaint, an offence was registered. The Investigating Officer had drawn panchnama of the place of offence and also the Inquest Panchnama. The Statements of concerned witnesses were taken dead -body was sent for post -mortem, muddamal and the weapon produced by accused were seized. Panchnama of seized clothes was drawn. The accused was arrested and as sufficient evidences were found against the accused, a charge -sheet was filed against the accused of this case in the Court of Judicial Magistrate First Class, Kheda, which was registered as Criminal case no. 341/2006. As the case was exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions in accordance with section 209 of the Code of Criminal Procedure.

(3.) MS . Shah, the learned Additional Public Prosecutor appearing on behalf of the prosecution, has, however, supported the judgment impugned and has contended that in view of the evidence given by the eyewitnesses who were all injured witnesses, the learned Sessions Judge has rightly convicted the appellant. She, therefore, prays for dismissal of the appeal.