SOMABHAI JOGIBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order passed by the learned Additional Sessions Judge (hereinafter referred to as the 'Sessions Judge') in Sessions Case No. 132/2000, whereby the appellant-accused has been convicted for the offence under Section 302 of IPC as well as for the offence under Section 452 of IPC and for the offence under Section 135 of Bombay Police Act and the sentence has been imposed upon the accused for the life-imprisonment with the fine of Rs. 1,000/-, simple imprisonment for one year with fine of Rs.500/- and a further simple imprisonment for one month with the fine of Rs.100/- for the respective offences.

(2.) The short facts of the case appears to be that on 17.6.2000, when Janubhai Mohanbhai Rathod, complainant was at his residence at 8 o'clock in the morning, his wife had gone for doing labour work and he was preparing to go for labour work. At that time, his uncle-accused, who was residing at Village Donaja came on the bicycle and when the complainant enquired about well-being of his uncle-accused, he was informed that he had just come for loitering. Thereafter, as the complainant had to go, when he went to shut the door of his house, his uncle accused also started walking along with the complainant with his bicycle and at that time, the accused-appellant informed the complainant that he had given blows with the axe to Bhukhubhai Bhagwanbhai Rathod (deceased). Thereafter, the accused went away. The complainant went to the house of Bhukhubhai Bhagwanbhai Rathod and saw that his uncle Bhukhubhai Bhagwanbhai Rathod was lying on the floor of the house in a pool of blood and the complainant felt that he had expired and, therefore, he being afraid of, informed another person, Dineshbhai Chhitubhai Patel, who was residing in the very area of the complainant. Thereafter, complainant and Dineshbhai Chhitubhai Patel, both once again came to the place of the deceased Bhukhubhai Bhagwanbhai Rathod and they saw that the blows given on the neck and the jaw of the deceased and the blood was coming out and the deceased had expired. The said Dineshbhai informed the complainant that Bhaldevbhai was also required to be informed about the same and both informed Bhaldevbhai. Thereafter complainant went to the police station and filed the complaint. As per the complainant, since there was dispute earlier between the accused and the deceased Bhukhubhai Bhagwanbhai Rathod, the accused-appellant had given blows with axe and had caused death of the deceased. The complaint was registered vide C. R No.104/2000 with Chikhli Police Station. The police investigated the complaint and as the sufficient material was found in the investigation, charge-sheet was filed against the appellant-accused for the offence under Section 302 of IPC and for other offences.

(3.) The prosecution, in support of the charge, examined the following witnesses: