MADHABHAI PUNJABHAI 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 30-01-2002 by Addl. Sessions Judge, Surendranagar in Sessions Case No. 68 of 2000 for offence punishable u/s 302 of the I. P. Code and u/s 135 of the Bombay Police Act and sentencing him to undergo imprisonment for life and to pay fine of Rs. 5000/- i/d to undergo simple imprisonment for six months for the offence of murder of Jashabhai Gordhanbhai, to undergo life imprisonment and to pay fine of Rs. 5,000/-, in default thereof, to undergo simple imprisonment for six months for the offence of murder of Gordhanbhai and to undergo simple imprisonment for six months and to pay fine of Rs. 1000/- in default thereof to undergo simple imprisonment for two months for the offence punishable u/s 135 (1) of the Bombay Police Act.

(2.) IN brief the prosecution case was that there were disputes between the accused and the deceased about their agricultural lands. On 5-5-2000 at about 10-00 a. m. , the appellant accused assaulted both the deceased with dhariya" and caused their death.

(3.) ON the basis of the complaint lodged by Manjuben, widow of Jagabhai Gordhanbhai, offence was registered and investigation was started. At the end of investigation charge sheet was laid against the accused for the offence punishable u/ss 302, 504-114 of the I. P. Code and u/s l35 of the Bombay Police Act. As the case was triable by Sessions Court, the case was committed to Sessions Court, Surendranagar and it was registered as Sessions Case No. 68 of 2000. Learned Addl. Sessions Judge, Surendranagar framed charge Exh. 8 against accused for the aforesaid offences. The accused pleaded not guilty to the charge and claimed to be tried and therefore the prosecution adduced evidence.