AJAY @ AJO RANABHAI BHARAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge is made to the judgment and order dated 20.1.2005 passed by learned Additional Sessions Judge, Jamnagar in Sessions Case No.10 of 2000 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.2000/- for the offences punishable under section 302 of IPC, in default, to undergo further three months simple imprisonment and to undergo six months rigorous imprisonment and fine of Rs.200/-, in default, further one month simple imprisonment.

(2.) The broad facts of the case are that near Taluka Panchayat of Jamnagar City, near corner of compound of D.C.C. High School, on 5.12.1999 at 2.00 hours, the accused in collusion with each other and so as to kill Lakha Khodabhai Rabari with the knife in the hands of accused No.1, accused No.2 caught hold Lakha Khodabhai Rabari, accused No.1 inflicted blow of knife on the chest of Lakha Khodabhai Rabari with the knowledge that by doing so, Lakha Khodabhai Rabari will be died. Thereafter, during the medical treatment Lakha Khodabhai Rabari expired on 11.12.1999 i.e. after six days and hence, the accused were charged for the offences punishable under section 302 read with section 34 and 114 of IPC.

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