NARANBHAI BHULABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the Judgement and Order passed by the learned Sessions Judge dated 07. 05. 2002 in Sessions Case No. 164/00, whereby the appellant-accused has been convicted for the offence under Sections 302 and 307 of the IPC and under Section 135 of the Bombay Police Act and the sentence has been imposed upon the appellant-accused of life imprisonment with the fine of Rs. 5,000/- for the offence under Section 302 of IPC and for 5 years imprisonment with the fine of Rs. 1,000/- for the offence under Section 307 of the IPC and for the imprisonment of 6 months with the fine of Rs. 600/- for the offence under Section 135 of the Bombay Police Act.

(2.) IT appears that as per the prosecution case, the complaint was filed by one Kamuben on 23. 10. 2000 stating that her sister Niruben-deceased was having affair with one Naranbhai Bhulabhai Naika who was the brother of her late husband. The said accused-appellant and Niruben had also ran away from their family and thereafter since the accused was beating her, the deceased came back to her parents home where the complainant was staying. On the date of the incident, i. e. on 07. 02. 2002, when the complainant and the deceased had gone for grazing cattle, the accused was there in the field of sugarcane and he came out and insisted the deceased to accompany with him. In response thereto, the deceased replied him that she won't come with him since he had beaten the deceased in past. Therefore, the accused-appellant got excited and abused her by saying that she may have affairs with some other person and therefore, she was not coming with him. Thereafter, the accused-appellant gave indiscriminate blows with the knife upon the deceased and as a result thereof, the deceased had fallen down. When the complainant Kamuben had intervened, she was also injured with the knife by the accused-appellant and the blows were given on the head and on the hand of the complainant. The complainant started shouting and at that time, the accused ran away from the field of sugarcane. Thereafter, the complaint was filed vide C. R. No. 114/00 with Vasda Police Station, Camp at Chapaldhara.

(3.) THE aforesaid complaint was investigated and ultimately, the charge-sheet was filed against the appellant-accused. The learned Sessions Judge framed charge and tried the Sessions Case. The prosecution in order to prove the guilt of the appellant-accused, examined 13 witnesses whose details are mentioned by the learned Sessions Judge in the Judgement at para 5. The prosecution also produced 20 documentary evidences in support of its case and the details of such documentary evidence produced by the prosecution are referred to by the learned Sessions Judge in para 6 of the judgement. The learned Sessions Judge thereafter, also recorded the statement of the accused under Section 313 of the CRPC in which the accused has denied evidence against him. In the further statement, the accused has stated that he is innocent and by keeping false doubt and with vengeance, he has been falsely implicated in the present case.