PRAVINBHAI KHIMABHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Porbandar in Sessions Case no. 6 of 2012 dated 20.12.2013, the present appeal is filed under Section 374 of the Code of Criminal Procedure, 1973, whereby the appellant has been convicted as under:-

(2.) Record of the appeal reveals that the appellant had relationship with the daughter of the original complainant - Ramilaben since about 2 to 2 years and time and again, the appellant wanted to bring the deceased - Ramilaben to his house, for which, the appellant frequently gave phone calls and also gave threats. On 6.12.2011 at about 07:30 a.m., while the original complainant and deceased - Ramilaben left their house to answer the natural call and while they were near Adityana by-pass near water tank, the appellant armed with "sword" started altercations with the deceased - Ramilaben and as the original complainant intervened, the appellant assaulted the deceased - Ramilaben and inflicted 4 to 5 blows with the sword in her stomach and as the original complainant tried to intervene, she also received injuries on her left as well as right hand caused by sword. It further reveals that as the son of Ramilaben - Hitesh came on the scene of incident, the appellant took up knife from the trouser and inflicted 10 blows on the stomach as well as chest of the deceased because of which the deceased - Ramilaben succumbed to the injuries while under treatment and the appellant also thereby assaulted the original complainant with an attempt to murder. Charge came to be framed against the appellant for the offence punishable under Sections 302, 307, 324, 325, 326 of the IPC as well as Section 135 of the Gujarat Police Act. As the appellant did not plead guilty and preferred to be tried, the learned Additional Sessions Judge, Porbandar conducted the trial where the prosecution examined 34 Prosecution Witnesses and also relied upon the documentary evidence. The appellant did not led any evidence in defence and the learned Additional Sessions Judge after appreciating the oral as well as documentary evidence by the impugned judgment and order of conviction and sentence, convicted the appellant for the offences as mentioned hereinabove and sentenced the appellant for life imprisonment for the offence punishable under Section 302 of the IPC and the learned Additional Sessions Judge also ordered that the appellant - accused be given benefit of set off and also ordered that both the sentences to run concurrently. Being aggrieved by the same, the present appeal is filed, which came to be admitted by the Division Bench of this Court [Coram: Mr. Anant S. Dave, J. and Mr. G.B. Shah, J. (as he then was)].

(3.) Heard Mr. Chaumal, learned advocate for the appellant and Mr. Manan Mehta, learned Additional Public Prosecutor for the respondent - State.