M.R.SHAH, J. - (1.) Feeling aggrieved and dissatisfied with the impugned judgment and order of conviction passed by the learned Additional Sessions Judge, Bharuch camp at Ankleshwar dated 22.11.2012 passed in Sessions Case No.40 of 2012 convicting the accused for the offences punishable under Section 302 of the IPC and sentencing him to undergo imprisonment of life and fine of Rs.5000/and in default to undergo one year SI, the original accused has preferred present Criminal Appeal.
(2.) That one Mansukhbhai Bablabhai Vasava father of the accused lodged a FIR with Valia Police Station being CRINo.33 of 2012 alleging inter alia that his son accused herein has killed his wife (mother of the accused). That the said FIR was investigated by the Police Inspector, Valiya Rameshbhai Manjibhai Chauhan PW No.14. He along with other staff of the police station visited the place of the incident prepared the panchnama of place of incident. He also recorded the statement of the concerned witness. He arrested the accused from the nearby field. He also recovered the stick / weapon used in committing the offence. He also collected the medical evidence. After conclusion of the investigation, having found prima facie case against the accused, the Investigating Officer filed the charge sheet against the accused in the Court of learned JMFC. That as the case was exclusively triable by the learned Court of Session, the case was committed to the Sessions Court, Bharuch, which was numbered as Sessions Case No. 40 of 2012. The case was tried by the Court of learned Additional Sessions Judge, Bharuch camp at Ankleshwar. The charge came to be framed against the accused at Exh.6. As per the charge, on 26.2.2012 at about 13.30 to 19.30 at village Koyali, Tal: Mandavi as the accused was not doing anything and he asked money from his mother which the mother refused to give and therefore, the accused become angry and beaten his mother who subsequently died and therefore, committed the offence punishable under Section 302 of the IPC. The accused has also charge for the offences under Section 135 of the Bombay Police Act. The accused pleaded not guilty and therefore, he came to be tried by the learned trial Court for the offences punishable under Section 302 of the IPC and Section 135 of the Bombay Police Act. 2.1. To bring home the charge the prosecution led both oral as well as documentary evidence. The prosecution examined following witnesses: ...[VERNACULAR TEXT OMITTED]... 2.2 The prosecution also brought on record the following documentary evidence: ...[VERNACULAR TEXT OMITTED]... 2.3. That after conclusion of recording of the evidence, further statement of the accused under Section 313 of the Code of Criminal Procedure was recorded. It was total case of denial by the accused. However, before the learned trial Court, it was the defence of the accused that earlier he filed the complaint against village people as they had beaten his mother and therefore, he has been falsely implicated in the case. It was the defence that as they were doubting his mother that she is witch, therefore, they killed her. However, the accused failed to prove the defence. That on appreciation of evidence and considering the deposition of eyewitnesses and the medical evidence on record, the learned trial Court has held that the prosecution has been successful in proving the case against the accused for the offences punishable under Section 302 of the IPC and thereby learned trial Court has convicted the accused for the offences punishable under Section 302 of the IPC and has imposed the life imprisonment. 2.4. Feeling aggrieved and dissatisfied with the impugned judgment and order of conviction, accused has preferred present Appeal.
(3.) Shri Mrudal Barot, learned advocate appointed by Legal Aid Committee has appeared on behalf of the accused. Ms. C.M. Shah, learned Additional Government Pleader has appeared on behalf of the State.;