HARESHBHAI PUNAJI KHARADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed against the judgment and order dated 11.10.2007 passed by the learned Additional Sessions Judge, 5th Fast Track Court, Himmatnagar, Camp at Idar in Sessions Case No.131 of 2006 whereby the appellantoriginal accused has been convicted for the offence punishable under Section 302 of Indian Penal Code and has been sentenced to undergo imprisonment for life with fine of Rs.2,000/ and in default to undergo simple imprisonment for the period of three months. However the learned Sessions Judge has acquitted the appellantaccused for the offence punishable under Sections 452 and 34 of the Indian Penal Code.

(2.) It is the case of the prosecution that the original accused No.1 and 2 are the real brothers and that on 08.03.2006 in the night at about 23:00 o'clock in Village Vanthol, the accused has attacked the deceased Kalaji Kavaji on the ground that the deceased was keeping illicit relation with the mother of the accused. The accused No.1 had given knife blow on the chest of the deceased and the accused No.2 had caught hold of the deceased with an intention to kill the deceased. It is also alleged that they had entered in the closed house of the deceased with a common intention to kill him.

(3.) During the trial, the prosecution examined the following witnesses: <FRM>JUDGEMENT_349_LAWS(GJH)1_2016.html</FRM>