RAMDARAS SHANKER GUPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant convict has filed the present appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction passed on 11-10-2001 by Addl. Sessions Judge, Valsad Camp in Sessions Case No. 69 of 1999 for offence punishable u/s 302 of the I. P. Code and sentencing him to undergo imprisonment for life and to pay fine of Rs. 500/- i/d to undergo simple imprisonment for one week.

(2.) IN brief the prosecution case was that in the evening of previous day of the incident, accused came to the house of Vijay Bahadur Rampat at about 4-00 p. m. and demanded a chair and asked wife of Vijay Bahadur to prepare tea, but she refused. Therefore, the accused left the place after altercation. Thereafter at about 9-00 p. m. Vijay Bahadur Rampat and his father Rampat went to the house of the accused and scolded him. At night Vijay Bahadur and his wife were sleeping inside the room and his father was sleeping on otala" in front of the room. At about 2-30 at night on hearing screams Vijay Bahadur and his wife came out of the room and saw the accused running away with a knife like weapon. On inquiry, his father informed them that accused had hit him with knife. . On account of injuries Rampat died.

(3.) ON the basis of First Information Report lodged by Vijay Bahadur, investigation was started. At the end of investigation, charge sheet was filed against the accused for the offence punishable u/ss 302-504 of the I. P. Code and u/s 135 of the Bombay Police Act. As the case was triable by Sessions Court, the case was committed to Sessions Court, Valsad Camp and it was registered as Sessions Case No. 69 of 1999. Learned trial Judge framed charge Exh. 2 against accused for the aforesaid offences. The accused pleaded not guilty to the charge and claimed to be tried. Therefore the prosecution adduced evidence.