MAHENDRAKUMAR NARANBHAI JADHAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This conviction appeal is filed by the appellant sole accused-Mahendra Jadav, against the judgment of conviction and order of sentence dtd. 2/11/2012, passed by the City Sessions Court, Ahmedabad, in Sessions Case No.308 of 2011, wherein, the appellant came to be tried for the offences punishable under Ss. 302, 307 of Indian Penal Code and Sec. 135 of the Bombay Police Act. The appellant came to be convicted and sentenced as tabulated hereunder:- <IMG>JUDGEMENT_9_LAWS(GJH)12_2025_1.jpg</IMG>

(2.) Brief facts which are necessary to dispose of the present appeal are in nutshell as under:-

(3.) The appellant-accused had killed his father-in-law Meghram, when the deceased was cultivating his farm. According to prosecution case, the deceased was harassing the accused saying that he did not sincerely worked of his office and used to remain absent. The accused keeping the grudge in his mind about the conduct and attitude of his father-in-law, on 18/2/2011, stabbed multiple times the deceased with the knife. The brother of the deceased, PW-5, Magan Maheria, after seeing the incident, rushed to the place and when he intervened to save the deceased, he also stabbed by the accused-appellant on his head and other parts of the body. The incident was also seen by neighbour, PW-4, Vinu Makwana, who was present in his house and from the backyard of the house he could see the incident. In such circumstances, the deceased was immediately taken to the nearby hospital and he was declared dead. The injured, PW-5 was also treated by the concerned doctor of the hospital. The FIR came to be lodged by the brother of the deceased, PW-5. The IO of the Vatva Police Station, Ahmedabad, (PW-7), during the course of investigation, drew the panchnama of place of occurrence and collected necessary samples for forensic science analysis, sent the dead body of postmortem, recorded the statements of the witnesses, arrested the accused and sent the seized articles to the FSl for analysis and after completion of investigation, he led the charge sheet before the Metro Court, Ahmedabad, who committed the case to the Sessions Court, Ahmedabad.