BHILABHAI HILALBHAI BORSE (PATIL) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has challenged the judgment and order of conviction dated 7.8.2009 passed by Additional District Judge and Additional Sessions Judge, Surat at Vyara in Sessions Case No.58 of 2008 whereby the appellant is convicted to suffer imprisonment for life and to pay fine of Rs.5,000/ -, in default to suffer rigorous imprisonment for one year for the offence punishable under Section 302 of I.P.C., to suffer rigorous imprisonment for two years and to pay fine of Rs.1,000/ -, in default to suffer rigorous imprisonment for three months for the offence punishable under Section 302 read with 201 of I.P.C. Both the sentences were ordered to run concurrently.

(2.) THE prosecution case against the appellant was that on 27.4.2008 at about 6.15 in the evening, when the deceased Vijayaben -wife of the accused was returning from the mill after doing her work in the mill, the accused -appellant herein has demanded money for liquor which has been declined by the deceased. Therefore, the present appellant has, with a view to kill her, given four blows of knife on the vital part of the body and has run away from the scene of offence and has tried to destroy the clothes which were worn by the deceased by throwing the same.

(3.) THE police took up the investigation and found prima facie evidence against the appellant. Therefore, the chargesheet was filed. As the offence against the appellant was exclusively triable by the Court of Sessions, the case was committed to the Sessions Court where it was numbered as Sessions Case No.58 of 2008. The charge vide Exh.4 came to be framed. The appellant pleaded not guilty and claimed to be tried.