SHANKARBHAI BACHUBHAI BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - Mr. Shankarbhai Bachubhai Baria (hereinafter referred to as 'accused') who has been convicted and sentenced to suffer imprisonment for life and to pay fine of Rs.10,000/-, in default, to suffer simple imprisonment for six months for the offence punishable under section 302 of the Indian Penal Code (for short 'IPC') as per judgment and order dated 23.09.2011 passed by the learned 2nd Additional Sessions Judge, Dahod in Sessions Case No.111 of 2009, has preferred this appeal under section 374 of the Criminal Procedure Code challenging the judgment and order of conviction and sentence recorded against him.

(2.) Facts of the prosecution, in short, are as under :-

(3.) Thereafter, Mr. M.S.Vaghela (PW-14) prepared inquest panchnama and forwarded dead body of the deceased at Dhanpur Medical Hospital for post mortem. He prepared panchnama of scene of offence and also collected incriminating samples from the scene of offence and for examination, he forwarded the samples to FSL. Said PW -14 also recorded statement of eye witnesses who had seen occurrence of scene of incident. Thereafter, the appellant accused was nabbed and arrested. Panchnama was prepared and in his presence, discovery panchnama vide Exh.15 was drawn on 16.08.2009. Knife and clothes worn by the appellant accused at the time of incident were discovered from open place. Discovery articles viz. knife and clothes were seized in presence of panchas and same were transmitted to FSL for its analysis and report.