RAMTUBHAI NANAJIBHAI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant came to be tried by Sessions Court, Nadiad, in Sessions Case No.269 of 1999 for the offence of murder of Maganbhai Devjibhai Thakore, allegedly, committed by the appellant on 30th May, 1999, around 5.30 to 6.00 P.M. in the outskirts of village Vasana of Borsad Taluka of Kheda District (as it then was). The appellant came to be convicted for the said offence and sentenced to imprisonment for life and to pay a fine of Rs. 1,000/-, in default, to undergo simple imprisonment for six months. He was also given benefit of set off and, hence, this appeal.

(2.) The prosecution case, in brief, is that on 30th May, 1999, Mafatbhai Devjibhai Thakore, brother of the deceased was informed by Kalidas Babubhai Thakore that deceased Maganbhai has been done to death by Ramtubhai Nanjibhai Thakore. Mafatbhai, therefore, immediately left on his bicycle along with his cousin Govind Mangalbhai Thakore and Rajubhai Ranchhodbhai Thakore and found dead body of his brother lying in the field opposite to the house of Ramabhai Dahyabhai Thakore with the skull open. They, therefore, inquired from the residents of the neighbouring house and were told that while they were listening Kadha, they heard some sound outside and, therefore, they went out and found that accused-Ramtubhai Nanjibhai Thakore was hitting Maganbhai Devjibhai with a wooden log of babul tree. Mafatbhai, therefore, went to Virsad Police Station and lodged a First Information Report. Offence was registered and investigated and, ultimately, charge sheet was filed in the Court of learned Judicial Magistrate, First Class, Borsad. The learned J.M.F.C. committed the case to the Court of Sessions and the case came to be registered as Sessions Case No.269 of 1999. Charge was framed against the accused at Exhibit 5, to which he pleased not guilty and claimed to be tried. The accused came to be tried and convicted by the Trial Court, as stated above, and, hence, this appeal.

(3.) We have heard learned Advocate, Ms. Shilpa Shah, for the appellant and learned Additional Public Prosecutor, Mrs. Patel, for the respondent-State.