BALUBHAI SUKHLABHAI HALPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal, whereby, the appellant original accused in Sessions Case No. 20 of 2008 has challenged the judgment and order of the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Valsad, Dated : 23.10.2008, whereby, the appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life and to pay a fine of Rs.500/ - and in default to undergo further rigorous imprisonment for three months.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, reads as under;

(3.) A complaint came to be lodged on 08.12.2007 by P.W. -1 before Sr. P. I., Vapi, wherein, he stated that they are three brothers including the appellant, herein. The complainant, then, went on to narrate the alleged offence stating that on the date of the alleged offence, the daughter of the appellant, namely Payal, came to his house and told him that the appellant had come home and had asked for supper and when the deceased told him that she was preparing the same, the appellant started beating the deceased, who was, then, pacified by the intervention of Sukhakaki, but, after she went away the appellant started inflicting injuries on the deceased with the axe, and hence, the complainant along with Payal went to the house of the appellant. When, P.W. -1 reached there, he found the house under darkness and when P.W. -1 threw the light of torch, he found that the deceased was lying dead in the pool of blood and the appellant was found to be missing. On registration of the offence, police carried out the investigation and since, prima facie, evidence were found against the appellant, a charge -sheet was laid against him before the Magistrate with competent jurisdiction. The case was committed to the Court of the Sessions as the offence was Sessions triable.