THAKORE CHANAJI PRADHANJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY the impugned judgment and order dated 04.07.2009 passed by the learned Additional Sessions Judge & Fast Track Court No.3, Mehsana in Sessions Case No. 81 of 2008, the appellant accused came to be convicted for the offence punishable under section 302 of the Indian Penal Code and directed to suffer imprisonment for life and to pay fine of Rs.60,000/, in default, rigorous imprisonment for five years. The appellant accused is convicted to suffer imprisonment for six months and to pay fine of Rs.100/, in default, rigorous imprisonment for one and half months for the offence punishable under section 135 of the Bombay Police Act.

(2.) THE brief prosecution case against the appellant accused as unfolded during trial is that on 22.03.2008 at about 15.00 hours, deceased - Bhupatji was accosting children who were playing Duleti and speaking filthy words. The accused thought that deceased was accosting him in connection with the incident which had taken place two years before the present incident. Therefore, present appellant attacked deceased Bhupatji with Dharia and caused injury on the head of the deceased, thereby committed offence under section 302 of the Indian Penal Code. On the day of incident, Notification of District Magistrate under section 135 of the Bombay Police Act was in force. However, still the appellant was armed with deadly weapon like Dharia and thereby committed offence punishable under section 135 of the Bombay Police Act.

(3.) THE investigation was taken up and after usual investigation, charge sheet came to be filed against the appellants.