ALPESH PREMJIBHAI JOTANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant was put to trial in Sessions Case No. 18 of 2010 in the Court of learned Additional Sessions Judge, Ahmedabad (Rural), Mirzapur, Ahmedabad for offence punishable under Ss. 302, 307, 324 & 447 of Indian Penal Code and Sec. 135(1) of B.P. Act. The learned trial judge vide impugned judgement and order of sentence dated 26.04.2011 convicted the appellant for offence punishable under Ss. 302, 307, 324 & 447 of Indian Penal Code and acquitted him under Sec. 135(1) of B.P. Act. The appellant is directed to suffer imprisonment for life and to pay fine of Rs. 5000/ -, in default, simple imprisonment for sixty days for offence punishable under Sec. 302 of Indian Penal Code while he is directed to suffer rigorous imprisonment for seven years and fine of Rs. 3000/ -, in default, simple imprisonment for thirty days under Sec. 307 of Indian Penal Code. The appellant is also directed to suffer simple imprisonment for one year and fine of Rs. 1000/ - in default simple imprisonment for fifteen days while he is directed to suffer simple imprisonment for one month and fine of Rs. 250/ -, in default, simple imprisonment for seven days under Sec. 447 of Indian Penal Code.

(2.) The brief prosecution case against the appellant as unfolded during the trial is that the office of the complainant is situated above OBC Bank near his residential house in which the accused was doing carpentry work. As the accused had done furniture work at the house of the complainant for around ten days, he was familiar with the house. It is the case of the prosecution that the accused with an intention of robbery, trespassed the compound of the complainant's house at 2045 hours on 06.07.2009, hid and assaulted the deceased who was sitting on the swing at the said time. It is the case of the prosecution that the accused inflicted blows of his Rampuri knife on the chest, abdomen and throat of the deceased. It is further the case of the prosecution that at that time when the complainant - son of deceased tried to intervene to save the deceased, the accused also caused serious injuries on the complainant on his chest, palm of right hand and on the thumb of left hand. Both were taken to hospital wherein the deceased succumbed to his injuries.

(3.) We have heard Mr. Yogendra Thakore, learned advocate appearing for the appellant - accused and Ms. C.M. Shah, learned APP appearing for respondent - State. Both the learned advocates have taken us through the oral as well as documentary evidence produced by the prosecution during the course of trial.