ASHOKJI GHUDAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of the judgment and order of conviction and sentence rendered by the Sessions Court, Banaskantha at Palanpur, in Sessions Case No.9 of 2006, on 12/06/2006, whereby the appellant-accused was convicted for the offences punishable under Sections 302, 504 and 506 (2) of the Indian Penal Code. For the offence punishable under Section 302 of the IPC, the appellant-accused was sentenced to undergo life imprisonment and to pay a fine of Rs. 500/-, in default, to undergo S.I for six months. No separate sentence qua rest of the offences has been imposed.

(2.) The facts of the prosecution case, in nutshell, are that on 18/08/2005 at about 20.45 hours, the accused went to the shop of complainant-Vashrambhai Raghnathbhai Patrod and asked for tobacco packets (Gova Gutka) from the complainant. The complainant had given tobacco packets and asked for money, but the accused administered threat of killing to him, and at that time, deceased-Shamalbhai Parthibhai Patel had intervened to save the complainant, and, therefore, suddenly the accused got excited, took out a knife from his waistband and gave a knife blow on left side of chest of the deceased with an intention to kill him and by causing severe injuries, committed his murder. Thereafter, the accused had run away from the place of incident. The deceased was taken to hospital with the help of other persons, who were present at the scene of offence, where he was declared dead by the hospital personnel. The complaint was filed, offence was registered and investigated.

(3.) Heard learned Advocate Mr.N K Amin assisted by Mr. Rahul Dholakia, for the appellant and learned Additional Public Prosecutor Mr. Dabhi for respondent-State.