HAJI MAMAD SODHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals arise out of a judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court No.5, Gandhidham, Kutchh, on 29th April, 2005, in Sessions Case No.50 of 2004, convicting them for the offence under Section 302 read with Section 34 of the I.P. Code and Sections 447 and 34 of the I.P. Code and sentencing them to undergo life imprisonment and to pay fine of Rs.500/- for the offence under Section 302 read with Section 34 of the I.P. Code and to undergo SI for three months and to pay fine of Rs. 100/-, in default, to undergo SI for six months for the offence under Sections 447 and 34 of the I.P. Code. The appellants were acquitted for the offence under Section 184 of the Gram Panchayat Act. All the sentences were ordered to run concurrently.

(2.) ACCORDING to the prosecution case, on 8.5.2004, at about 10'O clock in the morning, in the agricultural field of deceased Manji Mulji, the accused persons committed criminal trespass by grassing their cattle which was objected by deceased Manji Mulji. The deceasedManji Mulji when tried to drive out the cattle, accused No.2 Laxman Gokal Bharvad caught hold of him and accused No.1Haji Mamad Sodha caused injury with knife on the neck of Manji Mulji. On account of the injuries, Manji Mulji died.

(3.) LEARNED Advocate Mr. Chintan Popat, appearing for Mr. Ashish Dagli, for the appellant in Criminal Appeal No.1308 of 2005 submitted that he does not dispute the incident and involvement of the appellant in the offence, but according to him, the incident occurred on account of sudden quarrel between the appellants and the deceased and in heat of passion the assault was made and, therefore, the appellant had no intention to cause death of Manji Mulji and, hence, his conviction should be altered from Section 302 r/w section 34 of the I.P. Code to Section 304 Part-II of the I.P. Code. He also submitted that the appellant is a young man, illiterate, belongs to a lower strata of society and an agriculturist and, therefore, while imposing the sentence, these aspects may be considered.