SUJABHAI VIBABHAI BHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Appeal preferred by the sole appellant accused herein under Sec. 374(2)of the Cr.P.C. is directed against the judgment of conviction and sentence dtd. 30/10/2017 passed by the learned 4th Additional Sessions Judge, Kutch at Anjar in Sessions Case No. 113 of 2015, by which, the appellant has been convicted under Sec. 302 of the Indian Penal Code and sentenced him to undergo life imprisonment and fne of Rs.10,000.00, in default thereof, further simple imprisonment of 6 months.

(2.) The case of the prosecution leading to the conviction of the appellant Suja Vibhaibhai Bhil, is as follows:

(3.) The PW-16 D.D. Rana, during the course of investigation, sent dead body of the deceased for postmortem, drew the panchnama of place of incident, recorded the statements of material witnesses, arrested the accused on 25/5/2013 and at the instance of accused, discovered and recovered the weapon scythe (Exh.45), seized the cloths of the accused and also obtained the cloths of the deceased along with blood samples and thereafter, sent the muddamal articles to the FSL for chemical analysis and at the end of investigation, the chargesheet came to be fled for the offence of murder before the jurisdictional magisterial court. The case was committed to the Court of Sessions at Anjar.