SUNIL SHRIHARI FANSALKAR CONVICT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the judgment and order passed by the learned Sessions Judge, Valsad, in Sessions Case No.11/2006 dated 31.08.2006 whereby, the appellant herein, original accused, has been convicted for life imprisonment for the offences punishable u/s.302 of the Indian Penal Code (for short, "the IPC") and fine of Rs.200/and in default of payment, further sentenced of simple imprisonment for eight days.

(2.) It is the case of the prosecution that on 19.10.2005 at 12.30 hours the accused herein, Sunil Shrihari Fansalkar was searching for police station on Nahru road, opposite super market to file a complaint against the owner of the Amardeep Transport because some altercations took place between him and the owner of the said transport regarding his job as a driver. At that time, the deceased Manaru Niranjan Yadav was passing by on the road where the accused met him and asked him regarding the police station. During that period, there was hot altercation between them and the accused inflicted a knife blow on the neck of the deceased and the deceased succumbed to death on account of the said injuries.

(3.) At the end of trial, the Court below recorded the further statement of the accused u/s.313 of the Criminal Procedure Code and ultimately, passed the impugned judgment and order of conviction, which is under challenge in this appeal.