NARUBHAI AMARSINH MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 9/9/2008 passed by the learned Sessions Judge, Ahmedabad (Rural) in Sessions Case No. 107 of 2007 whereby the present appellant - original accused came to be convicted for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (herein after referred to as 'the IPC ') and sentenced to undergo life imprisonment and a fine of Rs.1000.00 and in default of payment of fine, to undergo further simple imprisonment for 3 months.

(2.) The brief story of the prosecution is that on 19/8/2007 between 4:00 a.m. and 5:30 a.m. at village Bhetawada when deceased Savjibhai Amarshibhai was sleeping on the cot in a cattle-shed, the appellant - accused, allegedly keeping grudge of earlier dispute, possessed with arm i.e. Dharia came at the said place and thereafter gave blows on the head and left ear of the deceased. As a result of said injury sustained by the deceased, he succumbed to the injuries. It is, therefore, alleged that the appellant-accused committed an offence alleged against him.

(3.) Heard learned advocate Mr. Pathik Acharya for the appellant - accused and learned APP Mr. H. K. Patel for respondent - State.