SUNILBHAI FAKIRBHAI HARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant - original accused in Sessions Case No. 18 of 1998 was charged and tried by learned Additional Sessions Judge, Junagadh, for the offences punishable under Sections 302, 504 of Indian Penal Code (for short 'IPC').

(2.) THE case of the prosecution is that complainant Shardaben, wife of Ramesh Fakir was residing at Godga Vav Pati, Khan Faliya, Junagadh, with her husband and daughters and was doing labour and cleaning work and her husband was sweeper in Nagar Palika. Her father in law and mother in law and Sunil, the brother of her husband (Diyar), were staying at Gola Vav Pati, Shakkaria Timba, Junaadh.

(3.) THE investigation was handed over to Police Inspector Shri Nirmalsinh Kalyansinh Gohil. He carried out the investigation. He drew the Inquest Panchnama and sent the dead body of deceased Fakirbhai Chanabhai to the Civil Hospital, Junagadh for Post Mortem. Police has also drawn the panchnama of scene of offence and the statement of the witnesses were recorded. Then the police has tried to find out the present appellant - accused and from the Railway station the accused was found and was arrested. The arrest panchnama of accused was also drawn and the clothes of the accused and muddamal knife were seized under the panchnama. Thereafter the Investigating Officer has prepared the Muddamal Ravangi Yadi to the Forensic Science Laborator and sent it to Forensic Science Laborator for scientific analysis and then the Investigating Officer was transferred and, therefore, investigation was handed over to Police Inspector Mr. Kher. After completion of investigation the charge -sheet was filed in the Court of learned J.M.F.C. As the offence under Section 302 I.P. Code was exclusively triable by the Sessions Judge, the learned JMFC committed the said case to the Court of Sessions at Junagadh, which came to be registered as Sessions Case No. 18 of 1998.