DIPUBHAI MADHUBHAI KAMALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of conviction dated 26.9.2011 passed by the learned Additional Sessions Judge, Bhavnagar, in Sessions Case No. 189 of 2010. The said case was registered against the appellant -original accused for the offences punishable under Sections 302 and 34 of the Indian Penal Code and under Section 135 of the Bombay Police Act. By the impugned judgment and order the appellant is convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo Life Imprisonment and fine of Rs. 5,000/ -, in default, R.I. for six months. The appellant is also convicted under Section 135 of the Bombay Police Act and sentenced to undergo R.I. for 06 months and fine of Rs. 500/ -, in default further R.I. for 10 days for the said offence. All the sentences are ordered to run concurrently. Original accused No. 2 was acquitted by giving him benefit of doubt.

(2.) ACCORDING to the prosecution case, the accused No. 1 Dipubhai used to quarrel frequently with any person, hence, the deceased Merambhai Lakhubhai had taken him to task. Keeping animosity of the same, the accused persons and the child -accused harboured the intention of causing the death of the deceased in the ordinary course of nature, they united in furtherance of that intention, and on 1.9.2010 at 20 -00 hours, at Kadamgiri village, the accused No. 1 armed himself with knife, a deadly weapon, and the accused No. 2 and the child -accused held the deceased, and the accused No. 1 gave blows of the said knife to the deceased in the left side and on the left hand, and by causing serious and fatal injuries to the deceased, he committed his murder. Further, it is the case of the prosecution that in spite of the fact that the notification of 'Prohibition to Keep Arms' had been issued by the District Magistrate and it was in force at the aforesaid time and place and on the aforesaid date, the accused No. 1 violated this notification by arming himself with the deadly weapon of knife in public, and that by doing so, he has committed the offence punishable u/s. 135 of the Bombay Police Act. Hence the complaint was lodged. The offence was investigated by the police and subsequently charge -sheet was filed against the accused persons.

(3.) IN order to bring home the charges against the accused person, prosecution examined 13 witnesses and also produced 21 documentary evidences.