RAYSINGBHAI SHANABHAI PUNJARA 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, Sabarkantha Camp at Modasa on 14. 8. 2003 in Sessions Case No. 115 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 3 months.

(2.) ACCORDING to the prosecution case, the lands of the accused and deceased Babubhai Laxmanbhai were adjoining to each other and there was a dispute with regard to right of way between them. On 15. 6. 2001 at about 10:45 a. m. , the accused made assault with knife on Babubhai Laxmanbhai and caused injuries. Injured Babubhai died during the treatment.

(3.) ON the basis of the first information report lodged by Hirabhai Punabhai Pujara, 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. As the offence was triable by Sessions Court, the case was committed to the Sessions Court and it was registered as Sessions Case No. 115 of 2001. The learned Additional Sessions Judge framed charge Exh-2 for the aforesaid offence against the accused. The accused pleaded not guilty 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 in order to grab his land, false case is filed against him. After hearing the learned Additional Public Prosecutor and learned advocate for the accused, the Court convicted the accused. Being aggrieved by the said decision, the accused has preferred this appeal.