GANESHBHAI SUNDERBHAI PAL(RAJPUT) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge is made to the judgment and order dated 31.1.2009 passed by learned Additional Sessions Judge, Fast Track Court No.6, Ahmedabad (Rural), Ahmedabad in Sessions Case No.101 of 2007 in this appeal whereby learned Sessions Judge has been pleased to convict the accused herein and imposed the sentence upon him to undergo life imprisonment and fine of Rs.300/-, in default, to undergo three months rigorous imprisonment for the offence punishable under section 302 of IPC and acquitted him for the offences punishable under sections 120-B, 201 read with section 114 of IPC and section 135(1) of the Bombay Police Act by giving benefit of doubt.

(2.) The broad facts of the case are that when complainant - Pareshbhai Bhailalbhai Patel who is residing near water tank, Bareja and his friend Pankajbhai @ Jino Bhagabhai were going to see flood water in Sabarmati river on motorcycle and on their way towards Mahijada, at that time, around at 8.00 O'clock, they seen one unidentified person was lying near baval tree aged about 30 - 35 years and, therefore, they stopped their motorcycle and noticed wounds caused by deadly weapon on right ear, nose, eye and chest as well as on left hand and thus they found that the deceased has been killed and thrown away and, therefore, the complainant filed the complaint before Aslali Police Station.

(3.) Therefore, FIR came to be registered before the Aslali Police Station. In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the accused.