MANGUBHAI RAVJIBHAI NAYKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appellant original accused in Sessions Case No.158 of 1998 was charged and tried by the learned Additional Sessions Judge, Vyara, District Surat, for the offence punishable under Section 302 of Indian Penal Code (for short "IPC").

(2.) THE facts of the prosecution case is that at village Vasrai in Nayaki Faliya deceased Ladkiben was doing illegal business of selling liquor. On 20.5.1998 at about 11.30 O'clock the present appellant accused along with Shankerbhai Galiyabhai had gone to drink liquor at the place of complainant Bhikhabhai Dhediya and at that time deceased Ladkiben told him that liquor is not available. She also demanded earlier dues of Rs.0.50 ps. On demanding the said amount some quarrel took place at that time Parasben, who was running the shop as tenant in the premise of the complainant, had given the said amount to Ladkiben. Thereafter, at about 2.00 O'clock Ladkiben raised shout "Oh Maai Re Mane Mari Nakhi, Bachao Bachao". On hearing the shout Bhikhabhai came out from the house and saw that the accused Mangubhai Ravjibhai Nayka was having Axe with him and Ladkiben was lying on the earth and she was injured on back side of her body and was profused bleeding from spinal Cord of Ladkiben. Injury was also there on the hand of deceased and blood was coming out from the said injury. Due to these injuries Ladkiben died on the spot. At that time Kamleshbhai, Dineshbhai and Saiyedbhai from the Falia also came there. Thereafter the complainant also called his elder son Kikubhai and he was informed about the incident. Kikubhai went to inform the Sarpanch about the incident. Thereafter Sarpanch and other leaders of the village came and went to the Mahuva Police station for lodging the complaint. The police has registered the complaint vide CR No.I -37/98 and investigation was handed over to P.S.I. Ramjibhai Mithabhai Zala. Investigating Officer has drawn the Inquest Panchnama of dead body and sent the dead body for Post Mortem at Mahuva Primary Health Centre. Thereafter statement of witnesses were recorded. Thereafter possession of muddamal Axe was recovered after drawing the panchnama under Section 27 of the Evidenc Act. The said muddamal axe was sent to Forensic Science Laboratory for examination. Thereafter after completion of investigation on 6.7.1998 the Police filed charge -sheet in the Court of learned J.M.F.C., Vyara.

(3.) AFTER filing the charge -sheet, in the present case, as the offence was exclusively triable by the Court of Sessions, the learned JMFC, Vyara, committed the said case to the Court of Sessions at Vyara.