RANCHHODBHAI KOYAJIBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order rendered by the Ld. Addl. Sessions Judge, FTC No. 1, Vadodara, on 7/6/2003 in Sessions Case No. 89/2002, whereby the appellant, who was accused in said case, came to be convicted for the offence punishable under section 302 of the Indian Penal Code [ipc] and was sentenced to undergo life imprisonment and fine of Rs. 5,000/=, in default rigorous imprisonment [ri] of six months.

(2.) THE prosecution case, in nutshell, is that the incident occurred on 7/3/2002 at about 7. 00 p m in the area called Hira Bhagol in Dabhoi town. At the time and place of the incident, deceased Vishnubhai Laljibhai was going towards his house and the appellant inflicted a blow with wooden plank on the head of the deceased. The deceased sustained serious injuries and was removed to Dabhoi hospital. During the course of his treatment, he succumbed to the injuries. Urmilaben Vishnubhai, widow of the deceased informed the police regarding the incident and her FIR was registered. During the course of investigation, statements of material witnesses were recorded. Wooden log came to be seized. After collecting the required material for the purpose of lodgement of charge-sheet, charge-sheet came to be filed in the Court of Ld. Judicial Magistrate First Class, Dabhoi. Since the offence was exclusively triable by the Court of Sessions, Ld. Magistrate committed the case to the Court of Sessions, Vadodara, which was numbered as Sessions Case No. 89 of 2002.

(3.) LD. Trial Judge framed charge against the appellant-accused 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 oral evidence, Ld. Trial Judge recorded further statement of the appellant under section 313 of the Criminal Procedure Code. The appellant in his further statement 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 submissions made on behalf of both the sides, the Ld. 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.