BHIKHABHAI JOITARAM PATEL Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is preferred against the judgment and order passed by the learned Addl. Sessions Judge, Fast Track Court No. 2, Patan in Sessions Case No. 48/2003 dated 15.09.2004 whereby, the appellant, original accused, has been convicted for the offences punishable u/s.302, 323 and 504 of Indian Penal Code (for short, "the IPC"); and has been sentenced to under imprisonment for life and fine of Rs. 5000/- and I.D. S.I for one year for conviction u/s.302 IPC; rigorous imprisonment for six months and fine of Rs. 500/- and I.D. S.I for one month for convictions u/s.323 and 504 IPC. All the three sentences were ordered to run concurrently.

(2.) The facts in a nutshell are that on 28.02.2003 at around 1830 hrs. while Gitaben Rameshbhai Panchal, the complainant herein, was at her home, her father-in-law came and informed that the appellant herein was into a quarrel near the shop where both her sons, namely, Kalpesh and Ashwin were working. The complainant rushed to the place. However, she could not find either of them. At around 1845 hrs., her elder son Kalpesh reached near the shop but, at that time, the appellant picked up a quarrel with him and in that process, inflicted a knife blow on the chest of Kalpesh. As a result, Kalpeshbhai died. A complaint in respect of this incident was lodged by Gitaben Panchal with Patan City Police Station, where it was registered as IC. R. No. 38 of 2003.

(3.) 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 and therefore, the learned Magistrate committed the case to the Sessions Court at Patan u/s.209 of the Code, where it was registered as Sessions Case No. 48 of 2003. Charge came to be framed against the appellant. The accused pleaded not guilty and claimed to be tried.