RAKESHKUMAR JAYANATILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant convict has preferred this appeal u/s 374 (2) of the Criminal Procedure Code, 1973 and challenged judgment and order of conviction and sentence passed on 16-02-2001 by learned Third Joint District Judge and Additional Sessions Judge, camp : Anand in Sessions Case No. 329 of 1998 convicting him for the offence punishable u/s 302 of the I.P Code and u/s 135 of the Bombay Police Act and sentencing him to undergo life imprisonment and to pay fine of Rs.1,000/-, in default thereof, to undergo simple imprisonment for three months.

(2.) According to prosecution case, on 22-9-1998 at about 10-15 hours, deceased Bhargavi @ Pinki with her friend Amruta started to go to school. When they reached near the gate of Dakor Gaurakshak Panjarapole, the accused made assault on Bhargavi @ Pinki with sword and caused injuries on her head. On account of the injuries, Bhargavi @ Pinki died.

(3.) On the basis of the First Information Report lodged by Manharkumr Shantilal, the father of the deceased, offence was registered and investigation was started. At the end of investigation, charge sheet came to be filed for the offence punishable u/s 302 of the I.P. Code and u/s 135 of the Bombay Police Act. As the offence was triable by Sessions Court, the case was committed to the Sessions Court, Camp : Anand and it was registered as Sessions Case No. 329 of 1998. Learned Addl. Sessions Judge, framed charge Exh. 4 against the accused for the aforesaid offence. The accused pleaded not guilty to the charge and claimed to be tried. Therefore the prosecution adduced evidence.