CHHAGANBHAI BHILUBHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 ('the Code' for short) challenging judgment and order dated 21.03.2003 passed by the learned Additional Sessions Judge, Camp at Chota Udepur, Vadodara in Sessions Case No. 79 of 1997 by which, the learned Judge convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code and awarded sentence of rigorous life imprisonment and fine of Rs. 500/ -, in default, further S.I. for three months.

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

(3.) ON 01.09.1997, deceased - Harsingbhai did not bring plough in the field of the appellant situated in Gunata village. The appellant was annoyed by the action of the deceased of not bringing plough and, therefore, he assaulted Harsingbhai with arrow and caused serious injuries on the right side abdomen of the deceased. As a result of which, Harsingbhai died on 03.09.1997. The complaint was given by one Bhailalbhai Harsingbhai Rathwa to the police sub -inspector, Rangpur police station on 01.09.1997. On the strength of the complaint given by Bhailalbhai, investigation was set in motion. The investigating officer visited the place, where the incident in question took place and prepared panchnama of the place of incident. Inquest panchnama of the deceased was prepared in the presence of panch witnesses. Thereafter, dead body of deceased -Harsingbhai was sent to the hospital at Chota Udepur, Vadodara for autopsy. The muddamal which was recovered, was sent to F.S.L. for the purpose of detailed analysis. The appellant was arrested during the course of investigation. On receipt of the postmortem report and F.S.L. report, the accused - appellant was chargesheeted and produced before learned Judicial Magistrate First Class, Chota Udepur 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. Charge against the appellant was framed by learned Additional Sessions Judge, Camp at Chota Udepur, Vadodara vide Exh.4 and the appellant pleaded not guilty to the charge levelled against him.