THAKORE SHANABHAI MELABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the Sessions Court, Ahmedabad (Rural), Ahmedabad, dated 5.3.2007, in Sessions Case No. 69/2006, whereby, the sole accused, the appellant, is convicted for the offence under Sec. 302 and 324 of IPC, and Sec. 135 of the Bombay Police Act and is sentenced as under.

(2.) Heard Mr. Pratik Barot learned advocate for the appellant and Mr. Neeraj Soni learned APP for the respondent-State.

(3.) At the out-set, it is submitted on behalf of the appellant, by learned advocate Mr. Barot that the involvement of the appellant in the occurrence is not disputed. In his submission however, the incident had happened in hit of a moment, and there was no intention to kill the victim lady, who was staying like a wife, with her children, with the appellant for years. It is pointed out by the learned counsel for the appellant that the appellant and the victim had no serious dispute over any issue. The incident in question was also, even as per prosecution case, a fall out of a routine domestic and house hold issue like cooking of food. It is contended that the incident in question had occurred in a sudden fight; in the heat of passion; upon a sudden quarrel; and the appellant did not take any undue advantage or acted in a cruel or unusual manner, and thus, Exception-4 to Section 300 of IPC, would be attracted in the facts of this case and therefore the conviction for the offence of murder, as recorded by the Sessions Court be interfered with and the same be altered for culpable homicide not amounting to murder and sentence be modified appropriately.