PUNABHAI HARIBHAI KUMBHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge is made to the judgment and order dated 5.9.2007 passed by learned Additional Sessions Judge, 5th Fast Track Court, Bhavnagar at Mahuva in Sessions Case No.75 of 1991 in this appeal whereby learned Additional Sessions Judge has been pleased to convict the accused and imposed the sentence upon him to undergo life imprisonment and fine of Rs.1,00,000/- for the offences punishable under section 302 read with section 114 of IPC, in default, to undergo further three years rigorous imprisonment and to undergo one year imprisonment and fine of Rs.1000/-, in default, to undergo further three months rigorous imprisonment. Learned trial Judge also ordered to run all the sentences concurrently.

(2.) The broad facts of the case are that on 12.2.1991 during the period between 21.00 hours and 21.30 hours the accused had quarrel with Laljibhai Naranbhai - husband of the complainant at village Sarera for money transaction and at the time of quarrel, injuries have been caused with the sharp edge sphere on Laljibhai Naranbhai husband of the complainant and, thereby he was murdered. The accused in collusion with each other has committed the said offence punishable under section 302 read with section 114 of IPC. Further, though the preventive notification issued by the District Magistrate was in force, the accused was armed with sphere and, thereby committed breach of the notification and offence under section 135 of the Bombay Police Act.

(3.) Therefore, FIR bearing I CR No.15 of 1991 came to be registered before the Police Station. In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the accused.