RAKESHBHAI MANSINGBHAI GAMIT 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 passed on 12 -5 -2000 by Addl. Sessions Judge, Vyara in Sessions Case No. 144 of 1998 convicting and sentencing him to undergo life imprisonment for the offences punishable u/s 302 of the I.P. Code and to pay fine of Rs.250/ - i/d to undergo simple imprisonment for one month.

(2.) IN brief the prosecution case was that on account of disputes about trespass in a tomato farm of accused Vasanjibhai, there was altercation between deceased Babliben, Dakhaliben and accused. On 28 -2 -1998 at about 19 -30 p.m. Babliben and Dakhaniben were taking their meal in front of their house and Shantabhai Vajnabhai Gamit, his wife and daughter were eating inside their house, at that time, on hearing sound, Shantabhai and his wife came out of the house and saw that Babliben and Dakhaniben were lying on the ground and had injuries on their head and also saw that accused Rakeshbhai Mansingbhai and Vasanjibhai Khalapabhai Gamit were running away after throwing away wooden log. Babliben and Dakhaniben died on account of injuries. Therefore, first information was lodged before Songadh Police Station.

(3.) ON the basis of the First Information Report lodged by Shantabhai Vajnabhai, investigation was started. At the end of investigation charge sheet was filed against the accused for the offence punishable u/ss 302 -114 of the I.P. Code. As the case was triable by Sessions Court, the case was committed to Sessions Court, Vyara and it was registered as Sessions Case No. 144 of 1998. Learned trial Judge framed charge Exh. 6 against accused for the aforesaid offences. The accused denied having committed the offence and claimed to be tried and therefore the prosecution adduced evidence.