CHETANBHAI ASHOKBHAI PAREKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order rendered by learned Additional Sessions Judge, Fast Track Court No. 7, Surat on 20. 10. 2004 in Sessions Case No. 1 of 2004 whereby the appellant who was original accused in the aforesaid Sessions Case came to be convicted for the offence punishable under Section 302 of the Indian Penal Code ('ipc', for short) and was sentenced to undergo life imprisonment and fine of Rs. 2000/- and in default of payment of fine, R. I for six months.

(2.) THE prosecution case in nutshell is that the incident occurred on 25. 08. 2003 at 7. 30 pm in the house of deceased Vaishaliben situated at Sachin Slum Board No. L/51 at Surat. The appellant allegedly went inside the house of the deceased and inflicted blows with knife on her chest, abdomen and the deceased succumbed to the injuries. It is alleged that the marriage of the deceased was fixed with brother of the appellant, named, Alpesh, which the appellant did not like and, therefore, keeping the grudge in the mind, he committed the murder of the deceased. Geetaben Mukeshbhai, mother of the deceased reported the incident to police and her FIR was registered. During the course of investigation, statements of material witnesses were recorded, clothes of the deceased and of the appellant together with the weapon knife were recovered. After collecting required material for the purpose of lodgment of chargesheet, chargesheet came to be filed in the Court of learned JMFC, Surat. Since the offence was exclusively triable by the Court of Sessions, learned JFMC, Surat committed the case to the Court of Sessions, Surat, which was numbered as Sessions Case No. 1 of 2004.

(3.) THE learned trial Judge framed charge against the appellant at Exh. 4, to which he did not plead guilty and claimed to be tried. Thereupon the prosecution adduced its oral and documentary evidence. After the prosecution concluded its evidence, the learned trial Judge recorded the further statement of the appellant under Section 313 of the Cr. P. C. and the appellant 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 submission made on behalf of both the sides, learned trial Judge recorded the conviction of the appellant for the offence punishable under Section 302 of IPC and awarded the sentence as herein above referred to in this judgment.