SARDARBHAI CHANDUBHAI DAMOR 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 and sentence passed on 31-7-2002 by Addl. Sessions Judge, Sabarkantha at Himatnagar in Sessions Case No. 122 of 2001 for offences punishable u/s 302 of the I. P. Code and sentencing him to undergo imprisonment for life and to pay fine of Rs. 1000/- i/d to undergo imprisonment for six months.

(2.) IN brief the prosecution case was that Subhashbhai, Rooseveltbhai and deceased Ashishbhai @ Sanjaykumar were the brothers and were attending a marriage on 9-6-2001. The accused was playing casio (Musical instrument) in the marriage ceremony. Roosevelt asked the accused to play Casio properly. Thereupon the accused stopped playing Casio and came running towards Roosevelt with a weapon like dagger. Therefore, Subhashbhai and Ashish @ Sanjay tried to catch the accused, but he inflicted dagger blow on the back of Ashish @ Sanjay and on account of injuries Ashish @ Sanjay died.

(3.) ON the basis of the complaint lodged by Subhashbhai Rameshbhai, investigation was started. At the end of investigation charge sheet was laid against the accused for the offence punishable u/s 302 of the I. P. Code. As the case was triable by Sessions Court, the case was committed to Sessions Court, Sabarkantha at Himatnagar and it was registered as Sessions Case No. 122 of 2001. Learned Addl. Sessions Judge, Sabarkantha at Himatnagar framed charge Exh. 7 against accused for the aforesaid offence. The accused pleaded not guilty to the charge and claimed to be tried and therefore the prosecution adduced evidence.