DINESHBHAI PARSHOTTAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge is made to the judgment and order dated 8.9.2006 passed by learned Additional Sessions Judge and Presiding Officer, 5th Fast Track Court, Nadiad in Sessions Case No.73 of 2005 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.75,000/- for the offences punishable under section 302 of IPC, in default, to undergo further five years rigorous imprisonment.

(2.) The broad facts of the case are that on 17.12.2004 the complaint was lodged by the complainant stating that he along with his three brothers are residing at village Karoli. It is stated that accused Dineshbhai Parsottambhai was also residing in the said faliya. The daughter of the accused had love affair with Harshadbhai prior to 2 and 1/2 years and because of the said lover affair, quarrel took place time and again between the families of both the sides. It is alleged that Harshadbhai went to his field for carrying out agricultural operation and at that time, the accused also went in his jeep and thereafter, after half an hour, one Vinodbhai Manharbhai Patel told the complainant that one jeep dashed with the motor cycle of Harshadbhai at Rundan Road, Near Biliyani Muvadi and one jeep bearing Registration No.G.T.M. 5776 is lying wrong side. It is alleged that, thus, keeping in mind the love affair of his daughter, the accused dashed with the bike of the deceased from the wrong side with an intention to kill and, thereby committed the offence.

(3.) Therefore, FIR being CR No.I 263 of 2004 came to be registered before the Mahemdabad Police Station. In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the accused.