PUNAJI JENAJI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Appeal is directed against the judgment and order dated 8. 11. 2001 passed by the learned Additional Sessions Judge, Nadiad in Sessions Case No. 268 of 2000 recording conviction for the offence under Section 302 of Indian Penal Code ("ipc") and imposing the sentence of life imprisonment and fine of Rs. 5000/- i. d. further RI for 6 months.

(2.) THE facts of the case briefly summarized are that on 7. 7. 2000 at about eight o' clock when the deceased son was sitting with his wife (complainant) in the court-yard of the house, the accused father of the deceased had started some quarrel and was enraged with anger and inflicted a blow with kulhari on the head of the deceased. The complainant wife therefore started shouting and the other neighbours, including the brother of the deceased rushed to the place of incident and the deceased was removed to the hospital at Nadiad and from there, he was brought to Civil Hospital at Ahmedabad for treatment and ultimately the deceased succumbed to the injuries.

(3.) THEREFORE, the complainant wife lodged the complaint with the Mehmedabad Police Station on the basis of which it was registered at Mehmedabad Police Station. After the investigation was over, the charge sheet was filed and, as the offence under Section 302 is exclusively triable by the Court of Sessions, it was committed to the Court of Sessions and the learned Additional Sessions Judge, Nadiad framed the charge against the accused for offence under Section 302 and proceeded with the trial.