THAKOREBHAI SANABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of filing this Appeal under Section 374 of the Code of Criminal Procedure, 1973 ["CrPC" for brevity], present appellant has challenged the judgment and order dated 02.11.2012 passed by the learned Sessions Judge, Bharuch in Sessions Case No. 59 of 2012, whereby, the appellant-original accused has been ordered to undergo rigorous imprisonment for life and pay fine of Rs. 10,000/-; and in default thereof, to undergo 30 days simple imprisonment for an offence punishable under Section 302 of the Indian Penal Code ["IPC" for brevity]; rigorous imprisonment for one year and pay fine of Rs. 2,000/-; and in default thereof, to undergo 10 days simple imprisonment for an offence punishable under Section 504 IPC and simple imprisonment for six months and pay fine of Rs. 1,000/-; and in default thereof, to undergo 5 days simple imprisonment for an offence punishable under Section 135 of the Bombay Police Act. All the sentences are ordered to run concurrently.

(2.) The facts, as emerging from the record are that the accused had given some amount as loan to the deceased Vijaybhai and on asking to return back the said loan amount, the deceased refused to return back and because of such refusal, at about 6.30 p.m. on 08.03.2012, the appellantaccused got angry and abused the deceased and inflicted three to four blows of axe on the head of the deceased and caused fatal injuries to him. Due to receiving of such head injuries said Vijaybhai died in the hospital and her sister Champaben lodged a complaint before Bharuch Rural Police Station, being CR No. I-18 of 2012.

(3.) In the Sessions case, upon production of the accused and ascertaining from him as to whether he had received copy of the case papers, he replied in the affirmative and thereafter, charge was framed against the accused which was read over and explained to him, wherein, he did not plead guilty and claimed to be tried. Accordingly, the prosecution laid oral as well as documentary evidence.