JEEVANBHAI @ JEEVO MOHANBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has challenged the judgment and order dated 07.06.2008, passed by the Additional Sessions Judge, Patan, in Sessions Case No.07 of 2008, whereby he was convicted for the offence punishable under Sections 302 and 201 of the Indian Penal Code (for short "the I.P.Code"). For conviction under Section 302 of the I.P Code, the appellant has been sentenced to undergo life imprisonment and fine of Rs.100/, in default of payment of fine, the appellant shall undergo further simple imprisonment for three months. For conviction under Section 201 of the I.P. Code, the appellant has been sentenced to undergo rigorous imprisonment for one year. Both the sentences were directed to run concurrently and the appellant was given the benefit of set off.

(2.) THE case of the prosecution as disclosed during the trial are that the appellant was having illicit intimacy with the wife of the deceasedIshwarbhai Mohanbhai Solanki for which he was scolded by the deceased. Between 21 hours of 17.11.2007 and 7 hours of 18.11.2007, the appellant strangulated the deceasedIshwarbhai in room No.18 of Avkar Guest house by means of gear clutch wire and concealed the dead body in the matrices and thereby committed the offence under Section 302 and 201 of the I.P. Code. A complaint in respect of this incident was lodged by Sureshbhai Dahyabhai. In pursuance of this complaint, FIR vide Patan City Police Station ICR No.266 of 2007 came to be registered.

(3.) THE investigation was taken up and after usual investigation, chargesheet came to be filed against the appellant. The offences committed by the appellant were exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court at Patan under Section 209 of the Code, where it was registered as Sessions case No.07 of 2008. Charge vide Exhibit5 came to be framed against the appellant. He pleaded not guilty and claimed to be tried.