KIRITBHAI UDESINH RAJPARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Section 374( 2) of the Code of Criminal Procedure, 1973, has been preferred against the judgment and order dated 12.10.2010, passed by the learned Additional Sessions Judge, Second Fast Track Court, Nadiad, in Sessions Case No.78/2010, whereby the appellant accused has been convicted of the offence under Section 302 of the Indian Penal Code, 1860 and sentenced to imprisonment for life.

(2.) The case of the prosecution, based upon the complaint dated 06.03.2010 (Exhibit-46), given by Lalitaben, wife of Kiritsinh Udesinh Rajparmar, aged 32 years, who would hereinafter be referred to as "the deceased", is as follows.

(3.) The FIR was initially registered for the offence under Section 307 of the Indian Penal Code, 1860. However, after the death of the deceased on 12.02010, a charge sheet was submitted for the offences under Sections 307 and 302 of the Indian Penal Code. As the offence with which the accused was charged was exclusively triable by the Court of Sessions, the learned Second Judicial Magistrate, First Class, Nadiad, committed the case to the Sessions Court, Kheda. The charge was framed at Exhibit-7. The accused pleaded not guilty and claimed to be tried. The prosecution examined as many as seventeen witnesses and relied upon seventeen documents in order to bring home the charge against the accused. The accused did not examine any witness or produce any documentary evidence. After considering the oral and documentary evidence on record, the Sessions Court arrived at the conclusion that there is sufficient material on record to prove the charge against the accused. It, therefore, convicted the accused and sentenced him to life imprisonment, relying mainly upon the dying declaration of the deceased.