SOMABHAI RANCHHODBHAI DHOLIYA PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ON a trial being conducted against the present appellant -original accused for the offence punishable under Secs.302 and 504 of Indian Penal Code, the appellant was convicted for the offence under Sec.302 and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.1000/ -, in default, to undergo rigorous imprisonment for a further period of three months by the learned Addl. Sessions Judge, Valsad at Navsari, vide judgment and order dated 30 -3 -2000. The appellant was also given benefit of set off. Being aggrieved therewith, present appellant has preferred the present appeal.

(2.) THE facts of the prosecution in short are that on 7 -5 -1997, the complainant Rakesh, his father Natubhai and mother Jashuben were in their field doing agricultural work. Meanwhile, his father went to fetch water from a canal situated nearby. At that time, a quarrel took place between the deceased and one Somabhai Ranchhodbhai -appellant. During the process, the appellant gave dharia blow to Natubhai as a result of which, he fell down. On hearing the shouts, son of the deceased i.e. the complainant and his mother went to the place of incident where they saw the deceased lying in a pool of blood. Therefore, he called nearby neighbours in the field and thereafter went to Chikli Police Station where he lodged the complaint against the present appellant. Said complaint has been registered as Chikli Police Station I.C.R.No.62 of 1997 for the offence under punishable Section 302 of IPC. The Investigating Officer therefore came to the scene of offence, called the panchas and drew inquest panchnama in presence of panchas, filled up Marnottar form and also made arrangements to send dead body of the deceased for performing post mortem to Chikli Hospital by preparing a yadi. He also drew panchnama of scene of offence in presence of panchas and also recorded statements of various witnesses. He also made search for the accused and the accused was arrested by preparing a panchnama. The accused expressed willingness to show the weapon alleged to have been used in the crime in question and hence, when the accused was taken to the place where the weapon was hidden, it was seized under a panchnama under Sec.27 of the Indian Evidence Act. He sent the muddamal to FSL for analysis. He also collected post mortem report and on receiving the FSL report, same were kept in the investigation file. At the end of investigation, the I.O. submitted the charge sheet against the accused in the Court of learned Judicial Magistrate (First Class), Chikli.

(3.) AS the offence alleged against the accused was exclusively triable by the Court of Sessions, learned Judicial Magistrate (First Class), Chikli, committed the case to the District and Sessions Court, Valsad at Navsari, where it was numbered as Sessions Case No.87 of 1997. The same was handed over to the learned Addl. Sessions Judge, Valsad at Navsari for disposal on merits. On production of the accused, learned Addl. Sessions Judge framed charge against the accused. The accused pleaded not guilty to the charge and prayed for trial.