KIRANBHAI SOMABHAI MAKWAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present Appeal, appellantoriginal accused has challenged the judgment and order dated 19.9.2006 passed by learned Additional Sessions Judge, Fast Track Court No.1, City Civil & Sessions Court, Ahmedabad City in Sessions Case No.252 of 2005 by which the appellant accused was convicted for the offence under Section 302 of Indian Penal Code and was sentenced for R.I. for life and fine of Rs.2,000/, and in default S.I. for 15 days.

(2.) THE brief facts of the prosecution case are as under: 2.1 That on 16.9.2003 one Jaimin Jagdishkumar Bhatt lodged a complaint with Police Sub Inspector, Kanbha Police Station and alleged that his friend Bhigen @ Kawwali Kaushikbhai Desai had affair with one Nainisha, daughter of Kiranbhai Somabhai Makwan (present appellant accused). Since the parents of Nainisha did not approve the affair between Bhigen and the daughter Nainisha, Bhigen did not continue the said relations, but her father Kiranbhai Somabhai Makwan had doubts that his daughter Nainisha had continued the relationship with Bhigen and, therefore, he remained agitated. It was further alleged in the complaint that, on 15.9.2003 i.e. prior to lodging of the complaint, as per the routine, the complainant along with Bhigen and other two friends, Amit Jayantilal Chauhan and Yamal Bharatbhai Barot visited a pan shop situated at the end of Sector 3K road. After having their pan and cigarrate etc., at the pan shop, everybody started towards their home, and after some distance, the accused Kiranbhai Somabhai Makwan i.e. father of Nainisha came from the direction where his house was situated and reached on the crossroad near the house of Suresh Soni, and started talking with Bhigen, and told him that, though, he had been time and again warned, why he is keeping relation with his daughter Nainisha, and after stating the same, he gave a blow with a knife on the right side of the chest of Bhigen and ran away with the knife which was used in the attack. Immediately Bhigen was taken to the hospital on the motorcycle by Yamal and Amit and was shifted to Government/Corporation Hospital namely L.G.Hospital. THE complainant went at the residence of Bhigen and informed his parents about the incident and reached the hospital where he found that Bhigen was died. THE complaint was lodged by him on the next day. Pursuant to the complaint lodged by Jaimin Jagdishkumar Bhatt, the friend of deceased, the police personnel started investigation and after having found sufficient material against the accused filed chargesheet in the Court of learned Metropolitan Magistrate at Ahmedabad, who in turn committed the case in the Court of learned Sessions Judge at Ahmedabad. THE case was registered as Sessions Case No.252 of 2005 and charge was framed at Exh.1 under Section 302 of Indian Penal Code. 2.2 According to the learned Sessions Judge, the prosecution was successful in establishing the case against the appellantaccused for which he was charged and the learned Sessions Judge convicted the accused under Section 302 of IPC and sentenced him as stated hereinabove.