BALVANTJI MANAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BANKIM. N. MEHTA, J. 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 dated 17-8-2001 passed by Addl. Sessions Judge, Banaskantha at Palanpur in Sessions Case No. 163 of 2000; sentencing him to undergo imprisonment for life and to pay fine of Rs. 2000/-, in default thereof, to undergo simple imprisonment for six months for the offence punishable u/s 302 of the I. P. Code, further to undergo rigorous imprisonment for two years and to pay fine of Rs. 1000/-, in default thereof, to undergo simple imprisonment for three months for the offence punishable u/s 201 of the I. P. Code; to undergo simple imprisonment for six months and to pay fine of Rs. 500/-, in default thereof, to undergo simple imprisonment for one month for the offence punishable u/s 135 of the Bombay Police Act. No separate sentence is imposed for the offence punishable u/s 27 (1) of the Arms Act.

(2.) IN brief the prosecution case was that the accused was married to Tara, the daughter of deceased Chamanaji Thakor and complainant Shobhaji was the brother of Tara. Before about a month of the incident complainant Shobhaji Chamnaji Thakor took his sister Tara to his house. On the previous day of the incident, the accused came to the house of his brother-in-law Shobhaji Chamnaji Thakor and after dinner at about 10-00 p. m. asked his father-in-law Chamnaji Thakor to send his wife Tara with him but as it was late night Chamnaji Thakor asked the accused to stay back till morning and said that he would send his daughter early in the morning. Therefore all of them went to sleep. On the next day in the morning at about 7-00 a. m. it was found that the accused had left for the village. Therefore, Shobhaji Chamnaji Thakor and his father Chamnaji Thakor went to the field of the accused at his village and saw that the accused was standing with 'dhariya' near his house. On seeing them the accused told them to go away saying that he did not want to see his (deceased's) face and also did not want his (deceased's) daughter and got enraged and hit 'dhariya' on the neck of Chamnaji Thakor. On account of assault Chamnaji Thakor fell down and died and Shobhaji ran way.

(3.) ON the basis of the complaint lodged by Shobhaji Chamnaji Thakor, investigation was started. At the end of investigation charge sheet was filed against the accused for the offence punishable u/ss 302-201 of the I. P. Code, 135 of the Bombay Police Act and u/s 27 (1) of the Arms Act. As the case was triable by Sessions Court, the case was committed to Sessions Court, Banaskantha at Palanpur and it was registered as Sessions Case No. 163 of 2000. Learned trial Judge framed charge Exh. 5 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.