CHIMANBHAI MULJIBHAI TADVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT has preferred this appeal and challenged the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court No.4, Bharuch, Camp at Rajpipla, on 21st July, 2003, in Sessions Case No.108 of 2002, convicting him for the offence under Section 302 of the I.P. Code and Section 135 of the Bombay Police Act and sentencing him to undergo life imprisonment and to pay fine of Rs.2,000/-, in default, to undergo RI for one year for the offence under Section 302 of the I.P. Code and to undergo RI for six months and to pay fine of Rs. 500/-, in default, to undergo RI for three months for the offence under Section 135 of the Bombay Police Act. Both the sentences were ordered to run concurrently.

(2.) ACCORDING to the prosecution case, there were disputes between deceased Rameshbhai Bhimabhai Tadvi and his uncle Muljibhai Vechabhai with regard to the payment of amount in respect of their agricultural land. On that account, on 30th April, 2002, at about 13.30 hours, the accused gave axe blow on the neck of Rameshbhai. On account of the injury, Rameshbhai died.

(3.) LEARNED Advocate Ms. Sandhya Natani, , for the appellant submitted that on account of grave and sudden provocation, the incident ensued and, therefore, there was no intention on the part of the accused to commit murder and, hence, the Trial Court committed error in convicting the appellant for the offence of murder.