ASHOKBHAI BABARBHAI CHAVADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is filed against the judgment and order dated 8th September 1999 passed by the learned Additional Sessions Judge, Kheda District Camp at Anand in Sessions Case No. 19 of 1998. By the said judgment the appellant - accused came to be convicted under Section 302 of the Indian Penal Code and sentenced him to undergo RI for life with a fine of Rs. 1,000/- in default to further undergo Simple Imprisonment for a period of one year.

(2.) BRIEFLY stated, the facts of the prosecution case are that on 26th September 1997 accused - appellant picked up a quarrel with the deceased and caused knife injuries on the deceased. On the next day the complainant filed the complaint before Anand Rural Police Station vide C. R. No. 382 of 1997. Thereafter, the investigating officer during the course of investigation arrested the present appellant on 28. 9. 1997 and recovered the muddamal weapon at his instance in the presence of panchas. After completion of the investigation the charge sheet came to be filed. Since the offence under Section 302 was to be exclusively tried by the court of Sessions, the same has been committed to the Sessions Court by the learned Magistrate under the provisions of Section 209 of the Criminal Procedure Code.

(3.) THE learned Sessions Judge framed the charge vide Exhibit 6. As the accused pleaded not guilty and claimed to be tried, the prosecution examined 10 witnesses to prove its case. At the end of the trial, the learned Sessions Judge convicted the appellant - accused No. 1 for the offence under Section 302 of IPC and he has been sentenced to undergo RI for life with a fine of Rs. 1,000/- in default to further undergo Simple Imprisonment for a period of one year.