VAGHRI KAMLESHBHAI KARSANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed against the judgment and order dated 15.09.2003 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Mahesana in Sessions Case No.96 of 2003 whereby the appellantoriginal accused has been convicted for the offence punishable under Section 302 of Indian Penal Code and has been sentenced to undergo imprisonment for life and fine of Rs.5,000/ and in default, to undergo rigorous imprisonment for a period of one year, and he was acquitted for the offence punishable under Section 135 of the Bombay Police Act.

(2.) It is the case of the prosecution that the appellantaccused was residing with his mother and sister at Village Kudeda after death of his father when he was just eight months old. The appellant studied upto Standard Xth at the said village and thereafter came to reside at Village Aethor with his mother. The family members of the appellant were harassing him and even they have caused damage to the wall of the house and had also put the appellant to suffer financially by marrying him twice and therefore the appellant was mentally disturbed. It is the further case of the prosecution that, as the deceased was in need of money, he contacted the appellant and the appellant shows his willingness for the same. That on 02.02.2003 the appellant and the deceased Rameshbhai went to Village Kudeda to meet maternal uncle of appellant i.e. Severbhai Revabhai Vaghri after collecting Rs.100/ for ticket fare from the wife of the deceased. It is further case of the prosecution that, on 03.02.2003, in the afternoon at 3:00 p.m., at Vadnagar, outside Amarthod Gate on the way to Gaurikund, near the babool tree when the deceased was responding nature call, the appellant struck the deceased by the stone on his head and inflicted rampuri (knife) blows on the chest and on the part of neck of the deceased. It is further case of the prosecution that the witness Shakriben saw the deceased and the appellant together while she was going to give tea to her husband in the noon at the field. Thereafter complaint has been filed against the appellant - accused for the offence punishable under Section 302 of the IPC and Section 135 of the Bombay Police Act. Necessary investigation was carried out and the statements of witnesses were recorded. At the end of investigation, chargesheet was filed against the accused before the trial court. However, being a sessions triable office, the case was committed to Sessions Court and trial was initiated.

(3.) During the trial, the prosecution examined the following witnesses: