B.J.SHETHNA - (1.) The appellant-accused-Arjanbhai Galabhai Dugaicha has filed this appeal against the judgment and order of conviction and sentence dated 2.5.1998 passed by learned Additional Sessions Judge, Palanpur in Sessions Case No.119 of 1997 whereby the learned Judge convicted the appellant-accused for the offence under Section 302 IPC and sentenced him to suffer life imprisonment and to pay fine of Rs.400/= in default to further undergo simple imprisonment of 2 months and also convicted the accused under sections 394 read with Section 397 IPC and sentenced him to suffer 7 years RI and to pay fine of Rs.800/= in default to further undergo simple imprisonment for 4 months. However, both the sentences were ordered to run concurrently.
(2.) As per the charge Ex.3 dated 8.1.1998 prosecution case against the appellant-accused is that on the night of 30.4.1997 at 8.00 p.m. the appellant-accused induced deceased-Dana Tola and complainant Teja Goma and witness-Manji Hirji for having liquor and took them in the sim of village Kumbharia and committed murder of deceased-Dana Tola by giving axe blow on the head of deceased-Dana Tola and looted note of Rs.100/= from the complainant and silver anklet from complainant-Taja Goma by giving them threat to cause serious injury. Thus, the appellant-accused committed offence under Section 302 and 394 r/w section 397 IPC. The accused pleaded not guilty of the charge and claimed to be tried. To prove its case, the prosecution examined following witnesses :- JUDGEMENT_562_TLGJ0_2003Html1.htm
(3.) Following documentary evidence were produced by the prosecution :- 1. Complaint of complainant-Teja Goma Ex.7 2. Arrest Panchnama of accused Ex.10 3. Discovery Panchnama of weapon used by the accused for commission of offence and the place where the anklet was hidden by the accused Ex.11. 4. Inquest Panchnama Ex.12. 5. Panchnama of Scene of Offence Ex.13. 6. Yadi sent to Executive Magistrate for test identification parade of the accused Ex.22. 7. Panchnama of test identification parade held in presence of Executive Magistrate Ex.23. 8. Place where the accused has hidden 7 notes of muddamal robbed by the accused from complainant-Teja Goma. 9. FSL report Ex.40. 10. Serologist's report Ex.41. 11. Map of Scene of offence Ex.42. 12. P.M. note Ex.45. 13. Certificate of cause of death at Ex.46;