ARJUNBHAI MOHANBHAI RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By preferring present appeal, appellant has requested to quash and set aside the judgment and order dtd. 21/12/2021 passed by learned Sessions Judge, Surat in Sessions Case No. 305 of 2015 convicting the appellant for the offence punishable under Sec. 304 of the Indian Penal Code and appellant be set at liberty forthwith.

(2.) Heard learned advocate for the appellant.

(3.) It was submitted by learned advocate for the appellant that the learned Judge has oversight the material facts and circumstances of the case while convicting the appellant as evidence, depositions were not rightly considered. That, appellant is wrongly convicted for the offence punishable under Sec. 304 of the Indian Penal Code as however, it was accepted that whole incident was sudden, without any pre-plan or without pre-determine in nature. It was further submitted that the appellant has not abused or altered instigated words to the deceased during the incident and dispute was not intense in its nature. It was further submitted that contradictory and unreasonable view point was accepted by the learned Sessions Judge in light of the medical evidence. It was submitted that after preliminary treatment, wife and son of the deceased were returned back to home and in the evening, deceased felt headache after dinner, therefore, complainant had given deceased a head massage.