NITINBHAI CHIMANLAL GADHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal assails the judgment and order dated 28/07/2006, passed by the learned Presiding Officer, Fast Track Court, Veraval in Sessions Case No. 3 of 2006, whereby, the present appellant original accused came to be convicted for the offences punishable under Sections 302 and 397 of the Indian Penal Code, 1860 (for brevity, 'the IPC'). For the offence punishable under Section 302 of the IPC, he was sentenced to undergo life imprisonment and a fine of Rs.1,000/ and in default of payment of fine, to undergo further rigorous imprisonment for two months, whereas, for the offence punishable under Section 397 of the IPC, he was sentenced to undergo rigorous imprisonment for seven years. Both the sentences were to run concurrently. Accordingly, present appeal has been filed by the appellant - original accused against conviction.

(2.) Brief facts of the prosecution case are that between 19/10/2005, 19:30 hours and 20/10/2005, 11:00 hours, in St. Thomas School building, situated in the sim of village: Talala, opp. old market, deceased Girishbhai Gokalbhai, the brother of the complainant, on demanding his money from the present appellant - original accused, the appellant - accused assaulted the deceased with an iron piston, allegedly with knowledge and intention to kill him, and gave blows on the back side of his head and on his right eye and thereby, injured him severely and committed murder and for the said alleged offence, a complaint came to be lodged against him.

(3.) We have heard Mr. Madansingh O. Barod, learned advocate for the appellant - original accused and Mr. Hardik Soni, learned Additional Public Prosecutor for the respondent State.