ABDULRAHIM UMARBHAI KHERADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of conviction dtd. 15/4/2013 passed by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar, Camp at Modasa in Sessions Case No.117 of 2012 for the offence under Sec. 302 of the Indian Penal Code, 1860, the appellant - accused has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, 1973 ("the Code" for short), whereby the appellant - accused is convicted for the offence punishable under Sec. 302 of the Indian Penal Code and is ordered to undergo life imprisonment and fine of ?5,000/-, and in default of fine, is ordered to undergo further rigorous imprisonment of six months.

(2.) The complainant - Mayuddin Rahimbhai Kherada was residing in joint family. The family consists his parents, grand-mother, brothers, sister-in-laws, sister and their children. The dispute was between parents of the complainant. The accused is the father of the complainant - Abdulrahim Umarbhai Kherada, who is the present appellant before this Court and the deceased - Mumtazben was the mother of the complainant.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant evidence in form of medical evidence and drawn various Panchnamas and other relevant evidence for the purpose of proving the offence. After having found material against the appellant accused, charge-sheet came to be filed in the Court of learned Judicial Magistrate, First Class, Modasa. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Judge, Sabarkantha at Modasa as provided under sec. 209 of the Code.