NANDKUMAR @ NANDU MANILAL MUDALIAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant herein has challenged the judgment and order dated 04.12.2009 passed by the Division Bench of the High Court of Gujarat in Criminal Appeal No.137 of 2000. Thereby the High Court confirmed the judgment and order dtd. 31/1/2000 of the City Sessions Court, Ahmedabad in Sessions Case No.25 of 1999, convicting the appellant for the offences punishable under Secs. 302 and 504, Indian Penal Code, 1860 (hereinafter referred to as "the IPC"). The appellant-convict came to be sentenced to imprisonment for life with fine of Rs.2000.00 and in default to undergo simple imprisonment for one year. In respect of the offence under Sec. 504, IPC he was sentenced to undergo rigorous imprisonment for one year, to pay fine of Rs.1000.00- and to undergo the simple imprisonment in default for three months, both the sentences were to run concurrently.

(2.) The charge was framed against the appellant under Secs. 504, 324, IPC and Sec. 302, IPC subsequently added at exhibit-1, for committing murder of one Louis Williams in the late night of 13.06.1998 at the residence of said Louis - the complainant.

(3.) As per the prosecution story, on 12.06.1998 at about 8.00 p.m., the appellant and his brother Tanvel were quarrelling with each other. One Rajesh, who was a nephew of the complainantdeceased, intervened. At that time the accused stated to have inflicted injuries on the thigh to the said Rajesh by using knife. No police complainant was lodged against the accused in that regard as it was an internal quarrel. Rajesh took treatment in a private hospital, and after taking treatment, had been sleeping in his house. In the intervening night of the same day at about 1.00 p.m. the accused named Nandkumar @ Nandu went to the house of the deceased, and hurled abusive language. The complainant got up to come out of his house. As the appellant was abusive, the deceased interfered. The appellant inflicted stab injury by knife on the deceased on the left side of the back and on the right hand. The appellant thereafter ran away from the place taking the knife.