BABUBHAI VIRABHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant convict has preferred this appeal under section 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Panchmahal at Godhra on 6. 12. 2000 in Sessions Case No. 176 of 2000 convicting him for the offence punishable under section 302 of the Indian Penal Code and sentencing him to undergo life imprisonment and to pay fine of Rs. 500/- in default thereof to undergo SI for 15 days.

(2.) THE brief facts of the prosecution case are that on 4. 3. 2000 at about 6:00 p. m. , the accused armed with weapons picked up quarrel about loading sand and accused Babubhai inflicted injury on the head of Babarbhai Sardar and caused his death.

(3.) ON the basis of the first information report lodged by Bhodabhai Chhaganbhai, offence was registered and investigation was started. At the end of investigation, charge sheet came to be filed against the accused for the offence punishable under sections 302, 323 and 114 of the Indian Penal Code. As the offence was triable by Sessions Court, the case was committed to the Sessions Court and it was registered as Sessions Case No. 176 of 2000. The learned Additional Sessions Judge framed charge Exh-2 for the aforesaid offence against the accused. The accused denied having committed the offence and claimed to be tried. Therefore, the prosecution adduced evidence. On completion of recording of evidence, the incriminating circumstances appearing in the evidence against the accused were explained to him. The accused in his further statement recorded under section 313 of the Code of Criminal Procedure, 1973, stated that they are innocent and false case is filed against them. After hearing the learned Additional Public Prosecutor and learned advocate for the accused, the Court convicted the appellant accused for the offence punishable under section 302 of the Indian Penal Code and sentenced him as mentioned hereinbefore, but acquitted the other accused. Being aggrieved by the said decision, the accused has preferred this appeal.