KISHORBHAI KHUDIYABHAI VASAVA 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 24-03-2003 by learned Additional Sessions Judge, Bharuch, Camp - Rajpipla in Sessions Case No. 33 of 2000 convicting him for the offence punishable u/s 302 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.

(2.) ACCORDING to prosecution case, one Jatar Magan Vasava the brother-in-law of accused Kitubhai Puniyabhai had illicit relations with the wife of complainant Chandrasinh. The complainant came to know about such illicit relations. But there was compromise between them as per the caste custom and it was agreed that Jatar Magan Vasava would pay Rs. 1000/- towards penalty to the complainant. Therefore, keeping grudge of this, accused Kitubhai Puniyabhai Vasava with other accused Gonjibhai Dhuliyabhai and accused Navabhai Jatiyabhai instigated accused Kishorbhai Vasava to kill the complainant and his family members and in furtherance of their common intention on 4-7-1999 at 22-00 hours accused Kishorbhai Vasava attacked Surkiyabhai Bhuriyabhai Vasava, the father of the complainant with knife and caused injuries. Surkiyabhai Bhuriyabhai Vasava succumbed to the injuries.

(3.) ON the basis of the first information report lodged by Chandrasinh Surkiyabhai, son of the deceased, offence was registered and investigation was started. At the end of investigation, charge sheet came to be filed for the offences punishable u/s 302 read with Section 34 of the I. P. Code and u/s 135 of the Bombay Police Act against the appellant accused and three other persons. As the offence was triable by Sessions Court, the case was committed to the Sessions Court, Bharuch, Camp - Rajpipla and it was registered as Sessions Case No. 33 of 2000. Learned Addl. Sessions Judge framed charge Exh. 3 for the aforesaid offences. The accused pleaded not guilty to the charge and claimed to be tried. Therefore the prosecution adduced evidence.