RAJUJI VALAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant - convict has preferred this appeal under section 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Mehsana on 29. 9. 2001 in Sessions Case No. 113 of 2001 convicting him for the offence punishable under section 302 of the Indian Penal Code and sentencing him to undergo life imprisonment and to pay fine of Rs. 2000/- in default thereof to undergo rigorous imprisonment for one year.

(2.) THE prosecution case in brief is that on 28. 10. 2000, when the complainant was on his duty, on hearing scream, he went to that place, where near the house of the accused, he saw the persons gathered. He saw Ramilaben lying in the kitchen in a bleeding condition and she was dead and the accused caught red handed armed with axe. The accused was also in a bleeding condition.

(3.) ON the basis of the first information report lodged by the complainant Prahladji Khodaji Thakor, an offence was registered and investigation was started. At the end of investigation, charge sheet came to be filed against the accused for the offence punishable under section 302 of the Indian Penal Code and also under section 135 of the Bombay Police Act. As the offence was triable by Sessions Court, the case was committed to the Sessions Court and it was registered as Sessions Case No. 113 of 2001. The learned Additional Sessions Judge framed charge Exh-1 for the aforesaid offence against the accused. The accused denied having committed the offence and claimed to be tried. Therefore, the prosecution adduced evidence. On completion of recording of evidence, the incriminating circumstances appearing in the evidence against the accused were explained to him. The accused in his further statement recorded under section 313 of the Code of Criminal Procedure, 1973, stated that he is innocent and false case is filed against him. After hearing the learned Additional Public Prosecutor and learned advocate for the accused, the Court convicted the accused for the offence punishable under section 302 of the Indian Penal Code and sentenced him as mentioned herienebefore, but acquitted the other accused. Being aggrieved by the said decision, the accused has preferred this appeal.