MOHANBHAI RANCHHODBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Mr. S. T. Mehta, Addl. PP. waives service of notice.

(2.) Present appeal is directed against the order of conviction of the present appellant for the offence u/Sec. 307 IPC and sentence of four years' RI and fine of Rs. 500/- i.d. RI for one month passed by the learned Addl. Sessions Judge, Sabarkantha at Himatnagar on 27-12-1990 in Sessions Case No. 86 of 1989.

(3.) The short facts of the case can be stated as under : The complainant Ishabehn Veljibhai is residing in the locality in which the present appellant is residing. There is a public water tap. On 24-4-1989 at about 2.00 p. m. there was some altercation between the wife of the accused-appellant Bai Nanda and said Ishabehn and on account of push Nanda had fallen down. On account of that incident Nanda told that her husband was not present, let him come and, thereafter, he would see.