AJITBHAI SURESHBHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is at the instance of a convict accused of the offence punishable under Sections 302 of the Indian Penal Code and is directed against an order of conviction and sentence dated 4th May, 2009 passed by the learned 4th Additional Sessions Judge, Vyara in Sessions Case No.61 of 2008.

(2.) BY the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Sections 302 of the Indian Penal Code and consequently sentenced him to suffer life imprisonment and a fine of Rs.500/ -. In default of payment of fine, the appellant was directed to undergo further Simple Imprisonment for 15 days.

(3.) ON the complaint Exh.13 being lodged by the brother of the deceased, the investigation had commenced. The inquest panchnama of the dead body Exh.21 was drawn in presence of the panch witnesses. The scene of offence panchnama Exh.28 was drawn in presence of the panch witnesses. The dead body was sent for postmortem and the postmortem report Exh.11 noted that the cause of death was due to C/R failure caused by multiple hemorrhage. The clothes worn by the deceased were collected by drawing a panchnama Exh.17. The truck was seized by drawing a panchnama Exh.19. The accused was arrested and his arrest panchnama Exh.18 was drawn in presence of the panch witnesses. The discovery panchnama under Section 27 of the Evidence Act at the instance of the accused of the exact place of occurrence Exh.29 was drawn in presence of the panch witnesses. The Forensic Science Laboratory Report Exh.33 was collected by the Investigating Officer.