IMRANKHAN FAKIRBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant - convict has challenged the judgment and order of conviction and sentence rendered by learned Addl. Sessions Judge, Ahmedabad City, Court No. 4, Ahmedabad in Sessions Case No. 231 of 1999 convicting the appellant for offence punishable u/s. 302 of the I. P. Code and sentencing him to undergo sentence of life imprisonment and to pay fine of Rs. 500/- in default thereof to undergo further sentence of six months' Rigorous Imprisonment.

(2.) ACCORDING to the prosecution case, Babubhai Khushalbhai Parmar lodged First Information Report on 12-4-1999 before Ellis Bridge Police Station, Ahmedabad that at about 6-00 in the evening his uncle Vishabhai Devabhai informed him that his brother Kishanbhai is lying on river bank near Sardar Bridge. Therefore, he went there and found that his brother Kishanbhai was lying profusely bleeding below the bridge with injuries on his chest.

(3.) ON the basis of the first information report lodged by Babubhai Khushalbhai Parmar offence was registered as I - CR No. 255 of 1999 for the offence punishable u/s 302 of the I. P. Code before Ellis Bridge Police Station, Ahmedabad and the investigation was started. At the end of investigation charge sheet came to be filed against the accused for the aforesaid offence. As the offence was triable by Sessions Court, the case was committed to the City Sessions Court, Ahmedabad and it was registered as Sessions Case No. 231 of 1999. Learned Additional Sessions Judge, framed charge Exh. 1 for the offence punishable u/s 302 of the I. P. Code and u/s 135 (1) of the Bombay Police Act against the accused.