SHRAVAN KAMAL SOLANKI 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 27-01-2003 by learned Additional Sessions Judge (Fast Track Court-2), Bhavnagar in Sessions Case No. 141 of 2000 convicting him for the offence punishable u/s 302 and 307 of the I. P Code and sentencing him to undergo life imprisonment and to pay fine of Rs. 500/-, in default thereof, to undergo simple imprisonment for one month for the offence punishable u/s 302 of the I. P. Code and further to undergo rigorous imprisonment for three years and to pay fine of Rs. 500/- in default thereof, to undergo simple imprisonment for one month for the offence punishable u/s 307 of the I. P. Code. However, The accused was acquitted for the offences punishable u/s 450 and 504 of the I. P. Code and u/s 135 of the Bombay Police Act.

(2.) ACCORDING to prosecution case, the accused was the cousin brother of complainant Labhuben Mansukhbhai. On 22-4-2000 at about 2-00 a. m. the accused committed trespass into the house of Mansukhbhai Chhaganbhai with 'dhariya" and gave abuses to Mansukhbhai, his wife Kadviben and their daughter Labhuben. As the accused was told not to give abuses, he caused injuries with "dhariya" to Labhuben, Mansukhbhai and also to Kadviben who intervened in the incident. Mansukhbhai succumbed to the injuries.

(3.) ON the basis of the First Information Report lodged by Labhuben Mansukhbhai, offence was registered and investigation was started. At the end of investigation, charge sheet came to be filed for the offences punishable u/ss 302, 307, 504 and 450 of the I. P. Code and u/s 135 of the Bombay Police Act. As the offences were triable by Sessions Court, the case was committed to the Sessions Court, Bhavnagar and it was registered as Sessions Case No. 141 of 2000. Learned Addl. Sessions Judge, Fast Track Court, Bhavnagar framed charge Exh. 4 for the aforesaid offences. The accused pleaded not guilty to the charge and claimed to be tried. Therefore the prosecution adduced evidence.