CHIBUBHAI NANUBHAI KOLI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The judgment and order dated 25.05.2015 of conviction and sentence passed by the learned District Sessions Judge, Navsari (herein after referred to as "the Trial Court) in Sessions Case No.76 of 2013 is under challenge before this Court in the present appeal filed by the appellant - accused under section 374 of the Criminal Procedure Code, 1973.. The Trial Court has convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo life imprisonment and to pay fine of Rs.5000/-, in default thereof, to undergo further rigorous imprisonment for a period of 3 months.

(2.) As per the case unfolded by the complainant P.W.1, Pratikkumar Natubhai Patel, the facts of the prosecution case can be summarized as under:

(3.) On 12.11.2013 at about 08.30 a.m., the accused-appellant Chibhubhai inflicted multiple blows with an axe on the head and back of his 80 years old father Nanubhai when he was sitting in a chair on his verandah due to which his father Nanubhai RanchodbhaiPatel died on the spot. It is the case of the prosecution that due to some dispute between the appellant and his father relating to land such an act was committed by him. The said complaint came to be registered as I.C.R.No.76 of 2013 under Section 302 of the Indian Penal Code before the Gandevi Police Station. After the charge-sheet was filed by the Investigating Officer, the case was registered as Criminal Case No.99 of 2014 in the Court of Judicial Magistrate First Class, Navsari. After committal of the said case, the Trial Court framed the charge at Exh.2 against the accused for the said offence. The appellant-accused denied the charges levelled against him and claimed to be tried. The prosecution examined 17 witnesses and produced documentary evidence to prove the said charges. The Trial Court, after appreciating the evidence on record, convicted the appellant - accused and imposed the sentence, as stated herein above.