RAISINGBHAI ABHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order rendered by Sessions Court, Panchmahal at Godhra in Sessions Case No. 208 of 2004 on November 6, 2004 convicting the appellant for murder of his own brother punishable under Section 302 of IPC and sentencing him to imprisonment for life. The appellant was also convicted for offences punishable under Sections 504, 506(2) of IPC and sentenced to undergo Rigorous Imprisonment for two months and six months respectively and the appellant is already acquitted for offence under Section 135 of Bombay Police Act and hence this appeal by the original accused challenging the said judgment and order.

(2.) BRIEF facts of the case are that the appellant has a brother whose name is Fatabhai Abhabhai. They have a cousin Kalubhai. Kalubhai was got betrothal before Fatabhai though he was younger to Fatabhai. This disturbed the appellant and he therefore raised a quarrel with Kalubhai, Savitaben etc. On that ground Kalubhai went to lodge FIR with police. The appellant was therefore further aggrieved against his cousin brother Fatabhai as to why he permitted Kalubhai to go and lodge FIR. He, therefore, raised a quarrel with Fatabhai and in that quarrel he lost his self -control and inflicted blows with stick on his head which ultimately resulted into death of Fatabhai. He also intimidated the persons on the spot.

(3.) CHARGE was framed against accused at Exh.2. He pleaded not guilty to the charge and came to be tried. At the end of the trial, the trial Court found him guilty for the offences stated hereinabove and sentenced him as stated earlier and hence this appeal.