STATE OF GUJARAT Vs. GULABRAO GANGARAM PATIL

JUDGEMENT

(1.) The present appeal is filed by the appellant-State being aggrieved and dissatisfied with the judgment and order dated 1-12-2006 passed by the learned Addl. Sessions Judge and Presiding Officer, 5th Fast Track Court, Surat, in Sessions Case No.76 of 2005 whereby the respondent-original accused has been convicted and sentenced to undergo RI for five years and fine of Rs.1000/-, in default, to suffer further SI for one month for the offence punishable under section 304 PartII of IPC. He was given set off for the period undergone in jail.

(2.) Short facts of the prosecution case are that a complaint was lodged by the complainant Kishor Gulabrao Patil on 1-2-2005 with Udhana Police Station, Surat, for the offence punishable under Section 302 of IPC alleging inter alia that the accused, his father, after fighting with the family members went out of the house. Thereafter, he returned home and in the early morning at about 4.15 a.m. injured his wife with window glass and thereby committed murder of his wife i.e. mother of the complainant. In pursuance of said complaint, investigation started and as there appeared prima facie case against the accused, a charge sheet was filed against him. Thereafter charge was framed against the accused. The charge was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried.

(3.) Heard learned Additional Public Prosecutor, Mr.L.R.Pujari for the appellant-State of Gujarat.