BALVANTJI VAGHUJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant " original accused has filed the present appeal challenging the judgment and order dated 15th January 2003 passed by the learned Additional Sessions Judge, Fast Track Court No. 3, Deesa in Sessions Case No. 61 of 2002. By the said common judgment the learned Sessions Judge convicted the accused - appellant of for the offence punishable under Section 302 of IPC and sentenced them to undergo RI for life with a fine of Rs. 1,000/- each in default to further undergo RI for three months.

(2.) THE case of the prosecution is that the marriage of daughter of the complainant took place with accused No. 1 " Balwantji Vaghuji Thakor. However, there were disputes between the wife and husband and therefore the daughter of the complainant " Lilaben went to her maternal home and started residing there. Accused No. 1 went to the complainant's home and demanded the jewellery back and therefore a quarrel took place. In connection therewith, a complaint was lodged against accused No. 1 and accused No. 1 also lodged a complaint against the deceased " Balwantji Talaji, complainant and his daughter " Lilaben and other persons in Deesa Court. The hearing of the said case was fixed on 10. 12. 2001. Therefore, the complainant and her husband Balwantji Talaji and Lilaben, etc went to the Court. At that time accused was present in court. After the matter was over when the complainant, her husband and daughter " Lilaben came out side the Court, accused gave them abuses because of which a quarrel took place. It is alleged that accused No. 1 got excited and gave stick blow on the head of the deceased. Therefore, a complaint was lodged with Talaji Police Station. Thereafter, the deceased " Balwantji died during the course of treatment.

(3.) THE Investigating Officer after conducting the investigation submitted the report under Section 173 of the Criminal Procedure Code. The learned Judicial Magistrate First Class, committed the case to the Court of Sessions as the case is exclusively triable by court of Sessions. The learned Sessions Judge framed the Charge. The accused pleaded not guilty and claimed to be tried. Therefore, the learned Sessions Judge vide impugned judgment and order convicted the appellant accused as indicated herein above.