Bela M. Trivedi, J. - (1.) The present appeal filed by the appellantaccused is directed against the Judgment and Order dated 11.10.2012 passed by the Additional Sessions Judge, District Bharuch Camp at Ankleshwar (herein after referred to as 'the Sessions Court') in Sessions Case No. 22 of 2012, arising out of Cr. I 74/2011 registered at Ankleshwar Rural Police Station. By the said Judgment and Order, the Sessions Court has convicted the appellantaccused for the offence punishable under Section 302 of Indian Penal Code and sentenced him to undergo life imprisonment and pay fine of Rs. 5,000/in default thereof, to undergo further simple imprisonment for a period of one year. The Sessions Court has acquitted the accused for the offence under Section 135 of the Bombay Police Act.
(2.) The case of the prosecution as unfolded before the Sessions Court was that the deceased Mehul aged about 8 years happened to be the son of the complainant Melabhai alias Mukeshbhai Gordhanbhai and was studying in Std. 2 at Nagal Primary School. On 30.08.2011, the said Mehul did not come back home from the school and his friend Sahilbhai Vijaybhai Vasava brought his school bag. Hence, the mother of the deceased Diwaliben asked him as to where Mehul was. The said Sahil told her that after the recess in the school, the accused Haresh alias Hanan had taken him to the field for having guava and thereafter, he had not come back. The said Diwaliben therefore, went out to search her son Mehul. On the way, she met her father inlaw Gordhanbhai. Thereafter, Gordhanbhai alongwith two others went to the field of Ambubhai Vasava, where Mehul was found injured and was bleeding and was dead. In the meantime, Diwaliben informed her husband Melabhai alias Mukeshbhai by calling him on phone. The said Gordhanbhai thereafter had taken the deceased Mehul to home and then to the hospital. The said Melabhai also went straight to the hospital however, his son was found dead. Melabhai therefore lodged the complaint before the Ankleshwar Rural Police Station. It was alleged in the said complaint inter alia that about one month back the complainant and his wife had gone out for work and his elder daughter Padmaben and his son Mehul were at home, and at that time the accused Haresh alias Hanan had come to their home and had started teasing and inappropriately behaving with Padma. Therefore, his son Mehul had told Haresh alias Hanan not to misbehave with his sister otherwise he would tell his mother. According to the complainant, the accused keeping vengeance of the said incident had killed his son Mehul. The said complaint was registered as I CR. NO. 74/2011 for the offence punishable under Section 302 of the Indian Penal Code and Section 135 of the Bombay Police Act before the Ankleshwar Rural Police Station.
(3.) The investigating officer after carrying out the investigation and collecting sufficient evidence against the appellantaccused, had submitted the chargesheet in the Court of JMFC, Ankleshwar, who had committed the case to the Sessions Court for trial. The Sessions Court framed the charge against the accused at Exhibit 6 for the offence punishable under Section 302 of the Indian Penal Code and Section 135 of Bombay Police Act. The said charge was read over to the accused, however he denied the same and claimed to be tried. The prosecution in order to prove the charge leveled against the accused, had laid oral evidence by examining as many as 18 witnesses and had also produced documentary evidence. On the completion of the evidence by the prosecution, the further submission of the accused was recorded under Section 313 of Cr.P.C., wherein he denied the allegations leveled against him and claimed to be innocent. The Sessions Court, after considering the evidence on record and the submissions made by the learned Advocates appearing for the parties, convicted and sentenced the appellantaccused as stated hereinabove.;