ASHOKBHAI GHELABHAI VASAVA Vs. STATE OF GUJARAT
LAWS(GJH)-2013-11-36
HIGH COURT OF GUJARAT
Decided on November 11,2013

Ashokbhai Ghelabhai Vasava Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.)The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 25.2.2010 passed by the learned Sessions Judge, Narmada at Rajpipla in Sessions Case No. 22/2009, whereby, the learned trial Judge has convicted the present appellant Accused under sec. 302 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/- in default, to undergo further S/I for three months, which is impugned in this appeal.
(2.)1 The brief facts of the prosecution case is that on 7/8.4.2009 at 12.00 hours in the night, the appellant had committed murder of deceased Movasibhai Damjibhai Vasava by inflicting dhariya blows on the head of the deceased because he had a doubt that the deceased had illicit relation with his wife. Therefore, the complaint was filed.
2.2 The appellant accused came to be arraigned for committing the murder and after the investigation was complete, the charge-sheet was laid against the present appellant. Thereafter, as the case was exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions, which was given number as Sessions Case No. 22/2009.

2.3 Thereafter, the Sessions Court framed the charge below Exh. 8 against the appellant for commission of the offence under section 302 of IPC and under section 135 of the Bombay Police Act. The present appellant - Accused has pleaded not guilty and claimed to be tried.

2.4 To prove the case against the present appellant- Accused, the prosecution has examined the following witnesses:

1. PW-1 Dilipkumar Karsanbhai Parmar Ex. 10

2. PW-2 Rasikbhai Kashibhai Vasava Ex. 12

3. PW-3 Kashibhai Dadlabhai Ex. 13

4. PW-4 Sikandar Usmanbhai Ex. 21

5. PW-5 Rakeshbhai Ratilal Vasava Ex. 22

6. PW-6 Nishant Dhanjibhai Solanki Ex. 24

2.5 The prosecution also relied upon the following documentary evidences so as to bring home the charges against the appellant-accused.

1. PM Note Ex. 11

2. Inquest panchnama Ex. 14

3. Panchnama of scene of offence Ex. 15

4. Panchnama of clothes of Movasibhai Damjibhai Ex. 16

5. Panchnama Ex. 18

6. Panchnama of search of house of accused Ex.18

7. Panchnama of search of house of accused Ex.19

8. Medical certificate of Ashokbhai Ghelabhai Ex. 20

9. Complaint Ex. 25

10. Panchnama Ex. 27

11. Panchnama of person of accused Ex. 28

12. Dispatch Note Ex. 29

13. FSL Report Ex. 30

14. Serological report Ex. 31

(3.)Thereafter, after examining the witnesses, further statement of the appellant-accused under sec. 313 of CrPC was recorded in which the appellant-accused has denied the case of the prosecution.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.