JIVANBHAI RAJABHAI BHAARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed against the judgment and order dated 01.10.2007 passed by the learned Presiding Officer & Additional Sessions Judge, 5th Fast Track Court, Ahmedabad (Rural) in Sessions Case No. 137/2006 whereby the appellant-original 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 for the offence punishable under Section 201 of the Indian Penal Code, he has to undergo imprisonment for life and further directed that all the above sentences are ordered to run concurrently.

(2.) It is the case of the prosecution that Ghanshyambhai Rupsangbhai Koli Patel - husband of the complainant Vilasben Ghanshyambhai @ Begi Rupsangbhai Koli Patel was working with accused as driver plying tractor of accused and doing labour work with him as daily worker at the rate of Rs. 50/- per day but said amount was not being paid regularly, huge outstanding amount of salary from accused by the deceased. It is the case of the prosecution that about 20 days ago prior to the incident the accused and deceased during quarrel taken place with Harijan Bhanabhai Bijalbhai Patel, had beaten said Bhanabhai Bijalbhai wherein criminal case was filed against deceased and other bharwads including accused by opposite party and in that case the deceased had been arrested.

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