ASHOKBHAI DAHYABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the present appellant- accused against the judgment and order dtd. 18/6/2011, passed by the learned Additional Sessions Judge, Gandhinagar, whereby the present appellant- accused was convicted for the offences punishable under Sec. 302 of the Indian Penal Code (for short the "IPC") and was ordered to undergo rigorous imprisonment for life and fine of Rs.5,000.00 and in default of payment of fine, further simple imprisonment for 15 days. The appellant- accused was acquitted for the offence punishable under Sec. 135 of the Bombay Police Act.

(2.) The case of the prosecution is that on 26/6/2009, at about 04:45 hrs in the evening, at Ashwamegh Complex at Mota Chiloda, the deceased had gone for recovery of Rs.One lakh which he had given to the accused on loan. The accused in order to not to return back the loan amount, and with an intention to kill the deceased, injured the deceased on head as well as on body with spade which caused the death of the deceased and flee away from the place of offence. Therefore, the accused was charged for the offence punishable under Sec. 302 of the IPC and Sec. 135 of the Bombay Police Act.

(3.) Upon filing of the complaint, investigation was carried out and the accused was arrested and charge- sheet was submitted in the Court of learned Magistrate. However, as the case was exclusively triable by the Court of Sessions, the same was committed to Sessions Court. Thereafter, charge was framed against the accused. The accused pleaded 'not guilty' and claimed to be tried.