RAMANBHAI FAKIRBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant convict has preferred the present appeal u/s 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence passed on 6-6-2002 by learned Sessions Judge, Panchamahals at Godhara in Sessions Case No. 43 of 2002 convicting him for offence punishable u/s 302 of the I. P. Code and sentencing him to suffer imprisonment for life and to pay fine of Rs. 1,000/- i/d to undergo R. I. for three months.

(2.) THE case of the prosecution is that deceased Maniben was the mother of Gangaben who was married to Gajubhai Raghunath, the brother of accused Maniben Ramanbhai Fakirbhai. Gangaben was driven out of her matrimonial house and therefore she was residing with her mother deceased Maniben with her children. On 2-10-2001 at about 5-00 p. m. Gangaben and others were sitting on the 'otala' of their house, at that time, accused Ramanbhai Fakirbhai came there with with a big slit of wood with accused Maniben Ramanbhai and gave abuses to deceased Maniben and tried to take Gangaben to his house. As deceased Maniben tried to intervene, accused Maniben gave her a push and so she fell down and accused Ramanbhai Fakirbhai hit the slit of wood on her head. On account of the injuries sustained on head, Maniben died. Therefore, the first information report was lodged by Manjulaben, wife of Mangabhai Vadilal.

(3.) ON the basis of the First Information Report offence was registered and investigation was started. At the end of investigation, charge sheet was laid for the offence punishable u/ss 302, 504 and 114 of the I. P. Code against the accused. As the case was triable by the Sessions Court, the case was committed to Sessions Court, Panchmahals at Godhara and it was registered as Sessions Case No. 43 of 2002. Learned trial Judge framed charge Exh. 2 for the aforesaid offences. The accused pleaded not guilty to the charge and claimed to be tried. Therefore the prosecution adduced evidence.