RAJESHBHAI JESINGBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Pratik B. Barot for the appellant and learned APP Mr. K. L. Pandya for the respondent State. Perused the record as well as the R & P received from the Sessions Court.

(2.) The appellant herein is convicted by impugned judgment and order dated 28.6.2012 by Sessions Judge, Narmada at Rajpipla in Sessions Case No.10 of 2012 for the offence punishable under Section 304 Part-II of the Indian Penal Code ('IPC', for short) and sentenced to undergo 10 years Rigorous Imprisonment (RI) with fine of Rs.5,000/- and in default of payment of fine, to undergo further RI of one year. Since then, the appellant is in jail because he was not released on bail either pending trial or pending this appeal.

(3.) The case of the prosecution before the Sessions Court in Sessions Case is to the effect that on 2.1.2012, at about 10 a.m. in the morning, the complainant Dakshaben Dilipsinh Rana, who is neighbour of the appellant, saw the appellant running after his wife and daughter with Axe in his hand and therefore, when Dariyaben, who was coming towards their house had tried to intervene the appellant for rescuing his wife and daughter, the appellant had inflicted an axe blow on the head of Dakshaben, which resulted into fatal injuries to her, after which she fell down and fall unconscious on the spot. Thereafter, when she was taken to Vadodara Hospital on 19.2.2012 i.e. almost after six weeks', the victim Dariyaben succumbed to the injuries. Pursuant to such incident, Dakshaben, who is also relative of deceased, had filed a complaint on 2.1.2012 with Rajpipla Police Station being C.R.No.I-1 of 2012, wherein after investigation, chargesheet was filed u/s.302 of the IPC. However, after evidence, the Sessions Court has deemed it fit to convict the appellant under Section 304 Part-II of the IPC.