SHAILESHBHAI MOHANBHAI CHAUDHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is at the instance of a convict-accused, questioning the legality and validity of the judgment and order of conviction passed by the Sessions Judge, Tapi at Vyara dated 16th August, 2014 in the Sessions Case No.1 of 2014. The appellant was put on trial in the court of the Sessions Judge at Tapi for the offence punishable under sections 302, 307 and 504 of the IPC and also section 135 of the G.P. Act. On conclusion of the trial and upon appreciation of the oral as well as the documentary evidence on record, the Trial Court held the appellant herein guilty of the offence of murder punishable under section 302 of the IPC and sentenced him to undergo life imprisonment with fine of Rs.10,000/-, and in default of the payment of fine, to undergo further simple imprisonment for a period of two years.

(2.) Being dissatisfied with the judgment and order of conviction passed by the Trial Court, the accused-appellant is here before this Court with this appeal.

(3.) The incident in question occurred on 7th October, 2013 at around 20:15 hours in the night. The appellant herein was entertaining a doubt in his mind that the deceased, by name, Sukhiben was a witch. On the date of the incident, the appellant started shouting that the deceased was a witch. This led to an altercation between the accused-appellant and the deceased, and at that point of time, the accused-appellant is said to have inflicted injuries on the head and chest of the deceased with a knife. It is also the case of the prosecution that the son of the deceased, namely, Ashokbhai, P.W.4, while he tried to intervene to save his mother, was inflicted injuries by the accused-appellant. It is also the case of the prosecution that the wife of the P.W.4 Ashokbhai, namely, Parmilaben was also inflicted injuries on her left hand by the accused-appellant with a knife. The deceased was shifted to the hospital in 108 ambulance. However, she succumbed to the injuries. The first information report came to be lodged on 7th October, 2013 by the P.W.3- Bharatbhai, who happens to be the son of the deceased.