GUNABHAI BHANABHAI KACHHAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appeal arises out of a judgment dated 22.3.2012 passed by the learned Additional Sessions Judge, Una, in Sessions Case No.78/2012, by which the appellant has been convicted for offences punishable under section 302 and 364 of the Indian Penal Code and sentenced to undergo life imprisonment.

(2.) According to the prosecution on 3.10.2009 between 11:30 and 4:30 in the evening, son of the complainant Navneet @ Lalu aged four was missing. It is the case of the prosecution that the accused hurt by the fact that father of the deceased Navneet had abused him in the past, kidnapped Lalu the son and with an intention to kill, drowned him in a well. The accused was therefore, charged with offences punishable under sections 302 and 364 of the IPC.

(3.) Mother Geetaben lodged the complaint at exh.33 on 4.10.2009. According to Geetaben, she was away engaged in labour work and so was her daughter Daksha and husband. Daksha the daughter later on came to her and informed her that Navneet was missing. On inquiring from her motherinlaw Santokben, she told her that Navneet was playing outside their house at 11 in the morning. At around 1 O' clock since Navneet did not return home, she had gone to Dhunaben's shop. Dhunaben informed her that she had seen Navneet at around 11:30 to 12 in the company of the accused Guna. Navneet was holding Guna's hand and was at Hakabhai's shop. In the company of several other villagers including Chandubhai Najabhai, they looked for Nanveet. Chandubhai in the evening on the same day informed her that the accused Guna had come forth and confessed to have drowned Navneet in the well of Lakshmanbhai's farm. Accordingly, the First Information Report was lodged.