- (1.)This appeal is directed against the judgment and order passed by learned Additional Sessions Judge, Fast Track Court, Surendranagar, in Sessions Case No: 27 of 2002, dated 19.7.2003, whereby, the appellant is convicted for the offence punishable under Sec. 302 of IPC, and sentenced to undergo life imprisonment, with fine of Rs.500/-, and in default, simple imprisonment for one month. The learned Sessions Judge also found the appellant guilty for the offence punishable under Sec. 25(1)A and 27(2)of the Arms Act, however, no separate order of sentence is passed for the said offence, since for the offence of Sec. 302 of IPC, the accused is sentenced to undergo life imprisonment. It is against this judgment and order, the present appeal is preferred.
(2.)The case of the prosecution is that, the father of the victim, Mahipalsinh Kiritsinh Jadeja, PW-1, gave a complaint to police on the night of 13/14 January, 2002 i.e. on 14.1.2002, at about 2.30 a.m., in the hospital, to the effect that, one Munnabhai came to his residence at about 11 p.m. on 13.1.2002 and informed that the son of the complainant is injured and he is taken to hospital. On this, the complainant rushed to hospital and found that his son was dead. His body was laying on a strature, having big wound around his neck, wherefrom substantial blood had come out and clothes of the victim were blood stained, the skin around the wound on neck, had black circle. The complainant further stated that some rickshaw driver had taken the victim to the hospital from near the nala, near the circuit house, where he was laying bleeding. The complainant thus gave the information that the victim is killed, by fire shot. The complainant did not name any person. Based on this, offence was registered by police against unknown person(s), under Sec.302 of IPC and Sec. 25(1)A and 27(2) of the Arms Act. The complaint was investigated by police, the present appellant was arrested and after due procedure, charge sheet was filed in the competent court and thereafter the case was committed to the Sessions Court. Learned Sessions Judge, vide Ex.4, framed the charge against the appellant.
(3.)To prove the charge against the accused/ present appellant, the prosecution examined 21 witnesses and produced 27 documentary evidences during the trial, the details of which are recorded in para 4 of the judgement of learned Sessions Judge. After recording the evidence, learned Sessions Judge recorded further statement of the accused under Sec.313 of the Criminal Procedure Code, heard learned advocates for both the sides, and after evaluating the evidence on record, learned Sessions Judge came to the conclusion that the accused/ appellant herein, has committed the offences punishable under Sec. 302 IPC and, Sec. 25(1) A and 27(2) of the Arms Act. Learned Sessions Judge accordingly recorded the conviction and sentenced the accused to life imprisonment, with fine, as aforesaid, which is under challenge in this appeal.