RAJESHBHAI @ RAJU DHIRUBHAI VAGHASHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Section 374 of Code of Criminal Procedure, 1973 is filed by the appellant / convict / original accused in Sessions Case No.310 of 2007 for the offences punishable under Section 302 of the Indian Penal Code, wherein the learned Additional Sessions Judge, Fast Track Court, Surat by judgment and order dated 13.10.2009 convicted and sentenced the appellant for life imprisonment with fine of Rs.500/ and in default to undergo 3 months of simple imprisonment.

(2.) As per the disclosure of the complainant, who happens to be brother of the appellant accused and residing in a joint family at the address shown by him in the complaint that he along with his parents, elder Brother Rajubhai - appellant herein, sisterinlaw [bhabhi - Chetnaben - deceased] and their children Ayush, aged 6 years and Henil, aged 8 years [both deceased] reside in a joint family. That the complainant, his elder brother Rajubhai, the appellant herein and his father were working in a diamond cutting center.

(3.) When the complainant returned from his workplace around 8:00 8:30 p.m on 15.08.2007 and his parents had gone to their native place and returned to their residence around 11:30 p.m; elder brother Rajubhai also had returned to the residence prior to complainant; and after dinner all of them had gone to sleep and Rajubhai and his family which consist of his wife Chetnaben and two children Ayush and Henil went on second floor of the house.