MAKVANA DAMJIBHAI LAKHMANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed against the judgment and order dated 26.10.2004 passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Bhavnagar in Sessions Case No. 229 of 2001 whereby the appellant-original accused No. 1 has been convicted for the offence punishable under Section 302, 394, 382, 458, 511 and 34 of the Indian Penal Code and has been sentenced to undergo imprisonment for life for the offence punishable under Section 302 of IPC, and for the offence punishable under Section 382 read with Section 511 of IPC he has to undergo five years R.I. and fine of Rs. 10,000/-, and in default to undergo one year simple imprisonment. However the learned trial Judge has acquitted the accused for the offence punishable under Sections 458, 394 read with Section 34 of IPC by giving the benefit of set off.

(2.) It is the case of the prosecution that on 003.2001 at around 20:00 o'clock the appellant - original accused No. 1 came to the deceased Meghjibhai, and in presence of Punjiben Meghjibhai wife of deceased informed about possibility of grazing by cattle in the farm of the deceased in the night hours. Thereafter the deceased locked the house from outside, took the key with him and went to the farm left behind wife Punjiben Meghjibhai and daughter-in-law of deceased alone in the house and both were sleeping. It is the further case of the prosecution that in the night hours both the accused came to the house of deceased and entered in the house for the purpose of theft. At that time Punjiben wife of deceased awoken and both the accused ran away from the house. It is alleged by the prosecution that prior to the above incident, at about 01:00 o'clock in the night, with an intention to theft both the accused went to the farm of the deceased. It is the further case of the prosecution that while attempting to snatch away the key of the house, the deceased was succumbed to death by the accused. Thereafter a complaint has been lodged on 03.03.2004 before Sihor Police Station which was registered being C.R. No. I - 22 of 2001 for the aforesaid offences in respect of which the accused came to be arrested. 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.