SANJAYKUMAR LAXMANBHAI KHANT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is at the instance of a convict -accused of the offence punishable under Sec.302 of the Indian Penal Code and is directed against an order of conviction and sentence dated 21st May, 2009 passed by the learned Additional Sessions Judge, Fast Track Court no.4, Nadiad in Sessions Case No.70/2008.

(2.) BY the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Sec. 302 of the Indian Penal Code and consequently sentenced him to suffer Life Imprisonment and a fine of Rs.2000/ -. In default of payment of fine, the appellant was directed to undergo further Rigorous Imprisonment for six months.

(3.) ON the complaint being lodged by the wife of the deceased, the investigation had commenced. The inquest panchnama Exh -14 of the dead -body of the deceased was drawn in presence of the panch witnesses. The scene of offence panchnama Exh.18 was drawn in presence of the panch witnesses. The blood stained clothes of the deceased were collected by drawing a Panchnama Exh.22 in presence of the panch witnesses. The dead -body of the deceased was sent for postmortem and the Postmortem Report Exh.9 revealed that the cause of death was hemorrhagic shock due to intra abdominal hemorrhage as a result of stab injury. On 20th March, 2008 at around 20.45 hours the accused was arrested and his arrest panchnama Exh.35 was drawn in presence of the panch witnesses.