NARESHBHAI @ NAKO SINDHO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order rendered by learned Additional Sessions Judge, Fast Track Court, Bharuch on 17.12.2003 in Sessions Case No. 74 of 2002, whereby the appellant came to be convicted for the offences punishable under Section 302 of the Indian Penal Code ('IPC', for short) and Section 135 of the Bombay Police Act and was awarded the sentence to undergo R.I for life and fine of Rs. 500/ - and in default of payment of fine, S.I for one month for the offence punishable under Section 302 of the IPC and S.I for one month and fine of Rs. 100/ - and in default of payment of fine, S.I for five days for the offence punishable under Section 135 of the Bombay Police Act. Both the sentences were ordered to run concurrently.

(2.) THE prosecution case in nutshell is that the incident occurred on dated 16.3.2002 at about 2 p.m. in the outskirts of Village Sarthan. Deceased Faridaben, in the outskirts of Village Sarthan was grazing her cattle and appellant allegedly assaulted upon deceased Faridaben and caused serious injury with knife on her neck, which resulted in her death. Ikrambhai Rehmanbhai, the husband of deceased Faridaben lodged the first information report before police and the FIR came to the registered. During the course of investigation, statements of material witnesses were recorded, weapon knife was recovered at the instance of the accused. After collecting required material for the purpose of lodgment of chargesheet, chargesheet came to be filed in the Court of learned JFMC, Ankleshwar. Since the offence was exclusively triable by the Court of Sessions, learned JMFC, Ankleshwar committed the case to the Court of Sessions, Bharuch which was numbered as Sessions Case No. 74 of 2002.

(3.) THE learned trial Judge framed charge against the accused at Exh.3, to which the accused did not plead guilty and claimed to be tried. The prosecution, therefore, examined 24 witnesses and produced documentary evidence. After the prosecution concluded its oral evidence, the learned trial Judge recorded further statement of the accused under Section 313 of the Cr.P.C. The accused in his further statement denied generally all the allegations levelled against him by the prosecution and stated that he was falsely implicated in this case. After appreciating the evidence on record and the submissions made on behalf of both the sides, learned trial Judge came to the conclusion that the prosecution successfully proved its case beyond any reasonable doubt against the accused and recorded his conviction for the offences punishable under Section 302 of the IPC and Section 135 of the Bombay Police Act and awarded the sentence as herein above referred to this judgment.