(1.) This appeal under Section 374 of the Code of Criminal Procedure, 1973, has been preferred by the appellantaccused against the judgment and order dated 01.05.2012, passed by the learned 3rd Additional Sessions Judge, Bharuch, Camp at Ankleshwar, in Sessions Case No.104 of 2011. The case has arisen out of C.R.No.I87/2011, filed in Ankleshwar GIDC Police Station, District Valsad. By way of the judgment under challenge, the appellant has been convicted and sentenced to undergo life imprisonment and fine of Rs.5,000/ and in default, to undergo further one year simple imprisonment, being found guilty of committing the offence under Section 302 of the Indian Penal Code, 1860. The appellant has also been convicted and sentenced to undergo four months' simple imprisonment with a fine of Rs.1,000/ and, in default, to undergo two months' simple imprisonment under Section 135 of the Gujarat Police Act, 1951, for breach of the Notification issued by the State Government.
(2.) The case of the prosecution, based upon the complaint dated 05.05.2011 (Exhibit 24), given by Asharfiben Lalsaheb Yadav, wife of the deceased, is that the complainant was living at the address mentioned in the complaint with her husband (the deceased) and four sons, named Somkant, Umakant, Ramakant and Laxmikant, all of whom were pursuing their studies. The deceased had taken a textile company on rent in Panoli GIDC and was running the same. The complainant has five brothersinlaw, who are the younger brothers of the deceased, namely, Lalbahadur, Shyambahadur, Rajbahadur and Pandhari, the youngest being the accused, Murari. All her brothersinlaw live in Surat. It is further stated in the complaint that Rekhaben, the wife of the accused herein, belongs to her village. The accused nursed a suspicion that the deceased had an illicit relationship with his wife, therefore he would frequently come to the house of the complainant and quarrel with the deceased. On 04.05.2011, the accused came to the house of the complainant at about 10:00 am when the deceased was not present. After about five minutes, the accused said that he has some work in GIDC and went away. Thereafter, the accused again came to the house of the complainant at about 2:00 pm and went away after some time. The deceased returned home at about 8:00 pm. The accused came to the house of the complainant and had dinner with the deceased. Thereafter, he went to sleep. The next day, on 05.05.2011, the deceased was leaving for work at about 10:00 am. The accused stated that he, too, wants to accompany the deceased. The deceased declined to take the accused with him, however, the accused persisted and sat on the back seat of the motorcycle of the deceased. Both the accused and the deceased went on the motorcycle to Ankleshwar GIDC. At about 10:30 am, one Urvesh Yadav, who stays in the "GIDC 500 Quarters", came and informed the complainant that the deceased is lying in a bloodied condition on the road, near Kanoria Chemicals Company. The complainant, accompanied by her son Umakant, went there and saw that the deceased was covered with blood and was lying on the road. He was dead. There was a stabwound on the back of the deceased which was bleeding profusely. The motorcycle of the deceased was lying on the road. The complainant looked for the accused but he was not to be found and had run away.
(3.) Upon registration of the complaint, the investigative machinery was set into motion. A Chargesheet under Section 302 of the Indian Penal Code, 1860, and Section 135 of the Gujarat Police Act, 1951, was filed against the accused before the Court of the learned Additional Chief Judicial Magistrate, Ankleshwar. As the case was triable by a Court of Sessions, the learned Magistrate committed it to the Sessions Court. The Charge, at Ex.5, was framed against the accused and his statement was recorded at Ex.6. The accused denied the charge against him and claimed to be tried.