ANOPSINH GUMANSINH DODIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal preferred under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 30.6.1997, rendered by the learned Additional Sessions Judge, Vadodara, in Sessions Case No.136 of 1996, by which the appellant is convicted under Section 302 of the Indian Penal Code and sentenced to suffer R.I. for life and fine of Rs. 10,000/-, in default, S.I. for six months. The learned Judge has directed that out of the amount of fine, if paid, Rs. 5,000/- should be given to the widow of the deceased as compensation. The learned Judge has acquitted the appellant of the offence punishable under Section 135 of the Bombay Police Act and that is not challenged by the State Government.

(2.) The short facts giving rise to the present appeal are enumerated hereunder:

(3.) Charge against the appellant was framed by the learned Additional Sessions Judge vide Exh.2 for the offence punishable under Section 302 IPC and Section 135 of the Bombay Police Act. The charge was read over and explained to the appellant, who pleaded not guilty to the same and claimed to be tried. The prosecution, therefore, examined (1) Shardaben Ramsingbhai as PW.1 at Exh.16, (2) Motising Jesingbhai Mangrola as PW.2 at Exh.18, (3) Dr.Suttpa Basu as PW.3 at Exh.19, (4) Ramsingbhai Bhimsing Dodiya as PW.4 at Exh.21, and (5) Umeshbhai Motibhai Joshi as PW.5 at Exh.24, to prove its case against the appellant. The prosecution also produced documentary evidence, such as panchnama of place of incident at Exh.5, panchnama of clothes put on by the wife of the deceased at Exh.6, inquest panchnama of the deceased at Exh.7, panchnama of person of the appellant at Exh.9, report of F.S.L. at Exh.10, notification under Section 37(1) of the Bombay Police Act at Exh.11, complaint of Shardaben at Exh.17, postmortem notes of the deceased at Exh.20, panchnama of production of axe by the appellant etc., in support of its case against the appellant.