VRAJESH @ LALO KIRITBHAI CHHATRALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the original accused to challenge the judgement of the learned Additional Sessions Judge, Khambhalia dated 04.08.2012 in Sessions Case No. 57 of 2010.

(2.) As per the prosecution, on 07.09.2010, the deceased Anil was standing outside a pan shop near his house. Accused Vrajesh alias Lalo Kiritbhai was also there. The two had a quarrel about Vrajesh taking Anil's nephew to a fun fair and spending away his money there. The accused thereupon went to his house, brought a sharp edged instrument and gave three blows to Anil on the head causing his death. A charge to this effect was framed at Ex. 11 alleging commission of offences under sections 302 and 504 of IPC against the accused. The learned Additional Sessions Judge, by the impugned judgement, convicted the accused for the said offences and sentenced him to life imprisonment. Fine was also imposed. Hence, this appeal.

(3.) We may record the gist of the evidence. Pravinchandra Dhirajlal, P.W. 4, Ex. 39, the elder brother of the deceased Anil was also the first informant. He deposed that in the night of 07.09.2010, he had gone to a pan shop in the market where he saw deceased Anil and accused Vrajesh quarreling and using bad words. The accused then went home upon which he inquired from Anil what was the cause for the quarrel. Anil told him that he was admonishing the accused for taking the son of Dipakbhai (their brother) to a fun fair. According to the witness, some time after that Vrajesh came to the scene of the incident with a sharp instrument ( The witness referred to this as a part of an instrument which is used for cutting beetle nuts which is ordinarily kept in many households in the state.