RAVAL SHAILESHBHAI RAMESHBHAI VIRCHANDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is preferred by the appellant- accused under Sec. 374 of the Code of Criminal Procedure, 1973, being aggrieved by the judgment of conviction and order of sentence dtd. 30/05/2018 passed by the learned Sessions Judge in Sessions Case No. 44/2017, whereby the appellant was convicted for the offence punishable under Sec. 302 of the Indian Penal Code. The learned Sessions Court sentenced the appellant to undergo rigorous imprisonment for life and to pay a fine, in default to further undergo rigorous imprisonment for the offence under Sec. 302 IPC.

(2.) The prosecution case, in brief, is as follows:

(3.) Upon registration of the complaint, an FIR was registered at Mahesana City B Division Police Station being C.R. No. 134/2016 for offences under Ss. 307, 324, 504 IPC and Sec. 135 of the Gujarat Police Act. After the death of the injured during treatment, Sec. 302 IPC was added. The investigating officer recorded statements, drew panchnamas, recovered the muddamal knife at the instance of the accused, sent articles to FSL, collected medical papers and filed chargesheet in the court of the learned Chief Judicial Magistrate, Mahesana, registered as Criminal Case No. 9531/2016, which was later committed to Sessions Court as Sessions Case No. 44/2017.