MANOJBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal stems from the judgement and order of conviction and sentence dated 25th March, 2015 passed by the Additional Sessions Judge, Deesa at Deodar (hereinafter referred to as the Sessions Court ) in Sessions Case No.120 of 2011, by which the appellant accused has been convicted for the offence punishable under sections 302, 392 and 201 of Indian Penal Code ( IPC for short). The appellant has been ordered to undergo imprisonment for Life and pay fine of Rs.10,000/-, in default thereof, to undergo further Simple Imprisonment for a period of three months for the offence under section 302 of IPC and to undergo Rigorous Imprisonment for a period of three years and pay fine of Rs.1,000/-, in default thereof, to undergo Simple Imprisonment for a period of one month for the offence under section 392 of IPC and to undergo Rigorous Imprisonment for a period of two years and pay fine of Rs.1,000/-, and in default thereof, to undergo Simple Imprisonment for a period of one month for the offence under section 201 of IPC.

(2.) As per the case of the prosecution before the Sessions Court, a complaint came to be lodged by one Uttamsinh Bhikhaji Vaghela on 30/6/2011 before the Tharad Police Station, Camp Mangrol, thereby it was alleged inter-alia that on 29/6/2011 at about 9.30 p.m. when he (complainant) was at his village Forna, the family members of Jetji Jivji Vaghela telephoned him that some untoward incident had taken place with Mangalsingh (who happened to be the nephew of the complainant), at village Mangrol. Subsequently, he learnt that the said Mangalsingh was murdered in his studio run by him in the name of Senal Studio at Mangrol. The complainant, therefore, along with Mafaji Joraji Vaghela and Dilipsingh Bhavsingh Vaghela hired a Jeep Car and went to the Senal Studio of Mangalsingh at Mangrol at about 11.00 a.m. and saw that many persons had gathered there, and there were footprints in the blood found on the floor and that his nephew - Mangalsingh Jetji Vaghela was lying on the floor in injured condition and was profusely bleeding. Therefore, an FIR being CR No.I-132 of 2011 was registered against an unknown person for the offence under sections 302, 392 and 201 of IPC and under section 135 of Gujarat Police Act.

(3.) During the course of the investigation, the name of the accused Manoj @ Vasrambhai Koli appellant herein was disclosed and therefore, the investigating officer arrested the accused on 4/7/2011. After carrying out necessary investigation and collecting sufficient evidence against the accused, the Investigating Officer laid Chargesheet in the court of Judicial Magistrate, First Class, Tharad, where it was registered as Criminal Case No.694 of 2011. The offence being triable by the Court of Sessions, the case was committed to the Sessions Court under section 209 of the Code of Criminal Procedure, where it was registered as Sessions Case No.120 of 2011.