JIGNESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been filed by the appellant -original accused against the judgment and order dated 6 -5 -2009 passed by the learned 2nd Fast Track Judge, Amreli, in Sessions Case No. 66 of 2008 whereby the accused has been convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 11,000/ - in default, to suffer further simple imprisonment for two years for the offence punishable under Sec.302 of the Indian Penal Code (hereinafter referred to as 'the IPC' for short) and rigorous imprisonment for ten years and to pay fine of Rs. 7,000/ - in default, to suffer further simple imprisonment for one year for the offence punishable under Sec.377 of the IPC. Both the sentences were ordered to run concurrently. The accused was given set off for the period undergone in jail.

(2.) Short facts leading to filing of the present appeal are a complaint was filed by Keshubhai Kanjibhai Jadav before Bagasara Police Station alleging inter alia that on 9 -4 -2008 at about 1.00 or 1.30 p.m., when his son Sanjay was taking bath in the river near Pankhi Ghar with his friends, the accused had abducted him and committed unnatural act on his son and thereafter killed him by throttling his neck and hitting him with stone and hard substance. In pursuance of said complaint, investigation started and as there appeared prima facie case against the accused, a charge sheet was filed against him. Thereafter charge was framed against the accused which was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried.

(3.) Heard learned advocate, Mr. Tolia for the appellant -accused and Ms. C.M. Shah, learned Additional Public Prosecutor, Ms. C.M. Shah for the respondent -State of Gujarat. We have been taken through various oral as well as documentary evidences by the learned advocates for the respective parties.