NAGRAJ GOVINDSWAMI ACHARYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is filed against the judgment and order passed by the learned Sessions Judge, Valsad in Sessions Case No.48/2008 dated 30.12.2008 whereby, the appellant, original accused, has been convicted for the offence punishable u/s.302 of Indian Penal Code (for short, "the IPC") and has been sentenced to undergo imprisonment for life and fine of Rs.1000/ -and in case of default, simple imprisonment for a period of three months. The sentence already undergone was given as setoff.

(2.) THE facts in nutshell are that on 02.04.2008 at around 2000 hrs. while Akil Nasaruddin Sheikh, the complainant herein, was at his shop, his wifeSajida Shahbuddin came to the shop and informed him that a quarrel had taken place between the appellantaccused and Ganeshbhai, who was a ragpicker.

(3.) A complaint in respect of this incident came to be lodged with Vapi Town Police Station, in pursuance of which FIR vide ICR No.76/2008 came to be registered. The investigation was taken up and after usual investigation, charge sheet came to be filed against the appellant. The offence committed by the appellant was exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court at Valsad u/s.209 of the Code, where it was registered as Sessions Case No.48/2008. Charge came to be framed against the appellant. He pleaded not guilty and claimed to be tried.