VINODBHAI PRABHATSINH CHAVDA 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 30-08-2002 by Sessions Judge, Vadodara in Sessions Case No. 29 of 2002 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. 1000/- i/d to undergo rigorous imprisonment for six months.

(2.) IN brief the prosecution case was that on 1-10-2001 at about 9-00 p. m. Vinodbhai Prabhatsinh Chavda armed with 'dhariya' and other accused armed with other weapons assaulted Bhagwansinh Somsinh Chavda and inflicted injuries to him. On account of such injuries, Bhagwansinh Somsinh Chavda died.

(3.) ON the basis of the complaint lodged by Sharmisthaben Bhagwansinh offence was registered and investigation was started. At the end of investigation charge sheet was laid against the accused for the offence punishable u/s 302, 504, 34 and 114 of the I. P. Code. As the case was triable by Sessions Court, the case was committed to Sessions Court, Vadodara and it was registered as Sessions Case No. 29 of 2002. Learned Sessions Judge, Vadodara framed charge Exh. 3 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.