AMBALAL KALIYABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant who was original accused in Sessions Case No. 18 of 2003 has challenged by preferring this appeal, the legality and validity of the impugned judgment and order rendered by learned Additional Sessions Judge, 3rd Fast Track Court, Bharuch at Rajpipla on 18. 10. 2003 whereby the appellant came to be convicted for the offence of murder punishable under Section 302 of the Indian Penal Code ('ipc', for short) and was sentenced to undergo life imprisonment and fine of Rs. 1000/- and in default, S. I for thirty days.

(2.) THE prosecution case in nutshell is that the incident occurred on dated 24. 9. 2002, at about 15 hours, on the way to Village Pada situated in Dediapada Taluka, District Narmada. At the relevant time and place deceased Madhuben along with her father Bhutiabhai Vagariya was proceeding towards Village Pada, at that time, the appellant came near them and asked Madhuben to marry him. Madhuben and her father Bhutiabhai strongly objected to the proposal, whereupon the appellant picked-up stone and was about to inflict a blow with stone on the body of Bhutiabhai, Bhutiabhai escaped from the place and thereupon the appellant inflicted blows with stone on the head of deceased Madhuben, Madhuben felt on the ground and succumbed to the head injury. Bhutiabhai, father of Madhuben reported the incident to Dediapada police station, and his FIR was registered. During the course of investigation, statements of material witnesses were recorded, incriminating articles like clothes of the deceased and of the appellant and the stone came to be seized. After collecting required material for the purpose of lodgment of chargesheet, chargesheet came to be filed in the Court of learned JMFC, Dediapada. Since the offence was exclusively triable by the Court of Sessions, learned JMFC committed the case to the Court of Sessions, Bharuch at Rajpipla, which was numbered as Sessions Case No. 18 of 2003.

(3.) THE learned trial Judge framed charge at Exh. 3 against the appellant, 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 oral evidence, the learned trial Judge recorded the further statement of the appellant under Section 313 of the Cr. P. C. The appellant in his further statement denied generally all the incriminating circumstances put to him by the trial Court 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 recorded the conviction of the appellant for the offence punishable under Section 302 of the IPC and awarded the sentence as hereinabove referred to in this judgment.