CHAMPAK BALU PATEL Vs. STATE

JUDGEMENT

(1.) The appellant herein is convicted for offence punishable under Section 302 of Indian Penal Code and is sentenced to suffer R.I. for life and to pay fine of Rs. 1,000/ i.d. to suffer R.I. for one month by the learned Sessions Judge, Daman, in Sessions Case No. 9 of 2005 by Judgment and Order dated 28 th November, 2006.

(2.) The case of the prosecution in nutshell is as follows :

(3.) P.W.1 Ganesh is father of the deceased Mahesh. He has deposed before the Court that on 15/5/2005 he returned home from pilgrimage at about 5 p.m. At that time Mahesh was at home. In the evening he had been to purchase grocery and when he returned, he saw Champak quarreling with Mahesh. He pacified the quarrel. Thereafter, accused went home. At about 9 pm. the accused came to the house of P.W. 1 with a bottle of toddy. P.W. 1 consumed toddy. The accused and P.W. 1 chitchatted for some time. Thereafter, the accused went home. He has further stated that he slept inside the house whereas Mahesh slept in front of his house. In the early hours, P.W. 1 woke up for answering nature's call and saw that Mahesh had sustained a cut injury on his neck and blood was oozing and he therefore, woke up Rajesh, Davlu and others who were sleeping near Mahesh. Then he went to the police station alongwith neighbours and informed the police about death of his son Mahesh. He has proved the contents of the report lodged by him, which is at Exh. 11. Investigation was set in motion. He has further stated that he suspected Champak to be the perpetrator of crime as there were bickering between Mahesh and Champak on account of parking of the motor cycle in front of the house of Ganpat.