NATHA BHOVAN GEDIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 ("the Code" for short), is directed against the judgment and order dated 29. 03. 2003 passed by the learned Additional Sessions Judge, 6th F. T. C. , Junagadh in Sessions Case No. 51 of 2002 by which, the learned Judge convicted the appellant for the offence punishable under Section 302 for life imprisonment and fine of Rs. 1000/-, in default, S. I. for one month; under Section 323 of I. P. C. R. I. for six months and fine of Rs. 500/-, in default, S. I. for 15 days and under Section 135 of the Bombay Police Act, S. I. for six months and fine of Rs. 500/-, in default, S. I. for 7 days. The learned Judge held that all the sentences shall run concurrently.

(2.) THE short facts giving rise to the present appeal are as under.

(3.) AS per the prosecution case, the appellant, who had quarrel with his nephew with regard to share in the land, assaulted deceased-Chako with the wooden log when he was fast asleep in the bed in wee hours on 16. 04. 2002. The deceased sustained serious injuries and was immediately taken to the Visavadar civil hospital where, he was declared dead. The complaint was given by Champaben on 16. 04. 2002 at Visavadar police station wherein, she has narrated the manner in which her son-Chako was assaulted by the appellant. In pursuance of the complaint filed by Champaben, the offence was registered against the appellant under Sections 302 and 323 of I. P. C. as well as under Section 135 of the Bombay Police Act. The investigating officer visited the place of incident and prepared panchnama of the place of incident. Complainant-Champaben, who sustained injuries in the incident, was sent to the hospital for giving immediate treatment. The muddamal which was recovered from the scene of offence was sent to F. S. L. for the purpose of detailed analysis. Inquest panchnama of the dead body of deceased-Chako was prepared in presence of panch witnesses. Thereafter, postmortem was carried out and the detailed report of P. M. was obtained by the investigating officer. The statements of the witnesses were recorded from the neighbourhood and, on receipt of the report from F. S. L. , P. M. report etc. , the accused was charge sheeted and produced before the learned Magistrate at Visavadar who, in turn, committed the case to the Sessions Court under Section 209 of the Code as the case was exclusively triable by the Sessions Court. When the case was remitted to the Sessions Court, it was numbered as Sessions Case No. 51 of 2002. The charge against the appellant was framed vide Exh. 4 and the appellant pleaded not guilty to the charge levelled against him. Thereafter, the matter was set-down for full-fledged trial before the learned Sessions Court.