BACHUBHAI JYOTIBHAI PARGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed against the judgment and order dated 03.11.2004 passed by the learned Additional Sessions Judge and Fast Track Judge, Dahod in Sessions Case No.385 of 2004 whereby the appellantoriginal accused has been convicted for the offence punishable under Section 302 and 201 of Indian Penal Code and has been sentenced to undergo imprisonment for life and fine of Rs.1,000/ and in default, to undergo simple imprisonment for three months.

(2.) It is the case of the prosecution that on 27.11.2003 after 19.00 hours at about 130 hours at night, the deceased Kadvabhai Punabhai Barjod resident of Village Valundi had taken the land on mortgage of the appellantaccused. It is the further case of the prosecution that the deceased Kadvabhai Punabhai Barjod had attempted to commit rape on the sisterinlaw Ramkuben of the appellant for which the appellant told the deceased not to commit the rape but the deceased did not agree and thereby the appellantaccused had strangulated the throat of the deceased Kadvabhai Punabhai Barjod and has killed the deceased. It is the further case of the prosecution that the deceased Kadvabhai Punabhai Barjod was murdered at the aforesaid date, time and place by the appellant and has disposed off the dead body of the deceased by throwing it into the well and thereby destroy the evidence. Thereafter a complaint has been lodged against the appellantaccused for the offence punishable under Section 302 and 201 of the Indian Penal Code. 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 offence, the case was committed to Sessions Court and trial was initiated.

(3.) During the trial, the prosecution examined the following witnesses. <FRM>JUDGEMENT_332_LAWS(GJH)1_2016.html</FRM>