VISHRAMBHAI SAKALAJI KHARADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgement and order passed by the learned Sessions Judge in Sessions Case No. 31/2002, whereby the learned Sessions Judge has convicted the appellant-accused for the offence under Section 302 of IPC and has imposed sentence of life-imprisonment with the fine of Rs. 1,000/ -.

(2.) IT appears that as per the prosecution case on 12. 11. 2001, the complainant was sleeping at his residence and at that time, Jakhirbhai Rasoolkhan Pathan, who was staying nearby the uncle of the complainant, with his wife, shouted and he was informed that there was fight going on between the uncle (of the complainant) and his son Vishrambhai Sakalaji Kharadi. Therefore, the complainant and his wife went to their place at about 2. 30 and he found that Vishrambhai, the appellant - accused was giving blows to his father with a pot of metal (Ghada) and his uncle has fallen down. The complainant also saw that the accused was also giving blows on the chest and one iron rod was lying there and he also found that there was a spot of burning on the stomach of his uncle. When the complainant enquired, the complainant and one Jakhirbhai were informed by the accused that "salo mara baira ne chhano chhano rakhto hato tethi me tene dam dai ghado mari patavi didho chhe", meaning thereby "since he was keeping relation with my wife secretly today I have finished him by burning his skin and by giving blows with the pot. " Thereafter, the complaint was filed by the complainant with Vijaynagar Police Station vide C. R. No. 139/01.

(3.) THE complaint was investigated and thereafter the charge-sheet was filed against the appellant - accused. The learned Sessions Judge, after framing of the charge, tried the case. Prosecution, in order to prove the guilt of the accused, examined 10 witnesses and also produced 11 documentary evidences, which are referred to in para 2 of the judgement of the learned Sessions Judge. The learned Sessions Judge thereafter recorded the statement of the appellant-accused under Section 313 of Cr. P. C. , in which the accused denied the evidences against him and in the further statement, the appellant-accused stated that the police case is filed against him because of the earlier dispute. The learned Sessions Judge heard the prosecution as well as the defence and ultimately found that the prosecution has been able to prove the case against the accused for the offence under Section 302 of IPC. The learned Sessions Judge also heard the matter on the aspects of imposition of sentence and ultimately imposed the sentence of life-imprisonment with the fine of Rs. 1,000/- upon the accused - appellant. It is under these circumstances, the present appeal before this Court.