The central legal point established is the reliance on dying declaration, medical evidence, and motive to prove guilt beyond reasonable doubt.

K.S. Jhaveri, J.

1. By way of this appeal, the appellant-accused has challenged the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court No. 3 Bhavnagar at Mahuva in Sessions Case No. 201 of 2008 on 23/12/2010, whereby the appellant-accused was convicted for the offences punishable under Sections 302, 307, 324 and 498-A of the Indian Penal Code and under Section 135 of the Bombay Police Act and are sentenced as under:

1. For the offence punishable under Section 498-A of the IPC, he was sentenced to undergo two years simple imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo one month SI.

2. For the offence punishable under Section 324 of the IPC, accused was sentenced to undergo six months SI.

3. For the offence punishable under Section 307 of the Indian Penal Code, accused was sentenced to undergo seven months RI with a fine of Rs. 1,000/-, in default, to undergo one month imprisonment.

4. For the offence punishable under Section 302 of the Indian Penal Code, accused was sentenced to undergo imprisonment for life with a fine of Rs. 1,000/-, in default, to undergo one month SI.

5. Appellant was acquitted from the charge of offence punishable under Section 135 of the Bombay Police Act.

6. All the sentences are ordered to run concurrently.

2. The prosecution case in nutshell is that, accused got married with injured-victim-Dahiben prior to seventeen years of the incident and since last six months, the accused was keeping doubt over her character and was giving mental and physical harassment to her wife and therefore she was staying at her parental home since last six months and thus keeping grudge over the same, the accused had gone to her parental home on 06/06/2008 between 7:00 and 7:15 hours at Village Gundarna and gave an axe blow on the head of his father-in-law who succumbed to the injuries. The accused had also given axe blow on head of his mother-in-law and thereby caused grievous hurt and was died during the treatment on 14/06/2008. It is also the case of prosecution that accused had given three axe blows on head of his wife and thereby caused injuries to her and attempted to commit her murder. It is also the case of prosecution that accused had also caused injury on shoulder of his daughter by giving axe blow. Thus, the accused had committed murder of his in-laws and caused grievous hurt to the injured witnesses.

2.1 Pursuant to the complaint, investigation was carried out. After investigation, charge-sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Sessions Court, Bhavnagar.

2.2 The trial Court framed charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution produced oral as well as documentary evidence.

2.3 In order to bring home the charge against the accused, the prosecution has examined as many as 06 witnesses and also produced several documentary evidence, as under:

	ORAL EVIDENCE
Sr. No.	Name of witness	Exh.
1.	Kajalben Madhubhai	23
2.	Hansaben Kishorbhai	24
3.	Ilaen Karmasinhbhai	25
4.	Divayat Pratapbhai	26
5.	Nakulbhai Parshottambhai	28
6.	Asmita Madhubhai	31
7.	Dayaben Madhubhai	32
8.	Bharatbhai Dayabhai	33
9.	Bhagirathgiri Himatgiri	35
10.	Mukeshbhai Chhaganbhai	38
11.	Mavjibhai Lakhmanbhai	40
12.	Dhirubhai Shardulbhai	42
13.	Jaysukhgiri Parangiri Goswami	44
14.	Harjibhai Ramjibhai	46
15.	Manjuben Amababhai	47
16.	Shaktisinh Ashoksinh	49
17.	Rajak Ahmed	50
18.	Hardevsinh Talubha	51
19.	Faruk Mohmmedbhai	53
20.	Vallabhbhai Valjibhai	54
21	Dr. Mukesh Shah	56
22	Dr. Devsinhbhai Ashwinbhai Bhatt	58
23	Chetan Jayantibhai Rathod	61
24	Sukha