SALAMSINH JIVABHAI MALIVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT appeal arises out of judgment and order rendered by learned Additional Sessions Judge, 5th Fast Track Court, Panchmahals at Godhra on 31.01.2005 in Sessions Case No.247 of 2004, convicting the appellant-accused for the offence of murder of Rameshbhai Magansingh Malivad under Section 302 of the Indian Penal Code, 1860 ('IPC' for short) and sentencing him to imprisonment for life and to pay a fine of Rs.500/-, in default to undergo further rigorous imprisonment for three months. The appellant was acquitted under Section 135 of the Bombay Police Act, 1951 by that very judgment.

(2.) THE brief facts of the case are that the deceased had gone to village Dhamnod, Tal. Shahera, Dist. Panchmahals on 14.05.2004 and met Jeniben, with whom the deceased had allegedly illicit relation. On the said day, at about 22 hrs. or around the said time while the deceased was sleeping in the courtyard of the house of his father, Magansinh Fatehsinh Malivad (PW-8), who is the first informant, the appellant-accused went there with deadly weapon like dharia and with an intention to cause severe injuries assaulted the deceased and gave blow on his neck.

(3.) HEARD Mr.B.Y.Mankad for Mr.U.M.Shastri, learned advocate appearing on behalf of the appellant, while the respondent-State has been represented by the learned A.P.P. Mr.D.C.Sejpal.