RAMESHBHAI SANJABHAI DHUNSA 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 at Himmatnagar on 30. 6. 2000 in Sessions Case No. 32 of 1999 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. 1000/- in default thereof to undergo imprisonment for two months.

(2.) ACCORDING to the prosecution case, on 23. 7. 1998 at about 10:30 p. m. , the accused were giving abuses and demanded Rs. 200/- advanced by them to Dhanjibhai, who asked them not to give abuses, therefore, the accused got enraged. Accused Chandubhai caught hold of Dhanjibhai and accused Rameshbhai gave several knife blows to Dhanjibhai. Dhanjibhai succumbed to the injuries before reaching to the Hospital.

(3.) ON the basis of the first information report lodged by Sukhabhai Sanjabhai, - brother of the deceased, 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 sections 302 and 504 of the Indian Penal Code and under section 135 of the Bombay Police Act. As co-accused Chandubhai Sanjabhai was Juvenile, he was sent to remand home, but the case of appellant accused was committed to the Sessions Court as the offence was triable by Sessions Court and it was registered as Sessions Case No. 32 of 1999. The learned Additional Sessions Judge framed charge Exh-5 for the aforesaid offence. The accused denied having committed the offence 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 he is innocent and false case is filed against him. After hearing the learned Additional Public Prosecutor and learned advocate for the accused, the Court convicted the accused for the offence punishable under section 302 of the Indian Penal Code and sentenced him as mentioned hereinebefore, but acquitted him for the offence punishable under section 504 of the Indian Penal Code and section 135 of the Bombay Police Act. Being aggrieved by the said decision, the accused has preferred this appeal.