VINODBHAI BACHALBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant, original accused, has challenged the judgment and order passed by the learned Additional Sessions Judge, Narmada at Rajpipla, in Sessions Case No.13/2008 dated 15.10.2008, whereby, the appellant herein, original accused, has been convicted for the offence punishable under section 302 of the Indian Penal Code (for short, "the IPC") and u/s. 325 of the IPC.

(2.) THE short facts of this case are that on 17.1.2008, at about 1:30 pm., while Arjunbhai Surmabhai, his wife and children were at home, original accused Vinodbhai Bachalabhai Vasava came and loudly called Arjunbhai Jaylal and told him that he had eaten his roasted fish and suddenly inflicted wooden block on the head of her husband. As a result of which, Arjunbhai Jaylal fell down on the floor and thereafter was taken to the nearby hospital.

(3.) LEARNED advocate for the appellant has submitted that the trial Court has passed the impugned judgment and order without appreciating the evidence on record. He further submitted that the incident in question had occurred in the heat of the moment, the appellant did not intent to kill the victim or to cause such grievous injuries, which shall lead to his death. He, therefore, submitted that considering aforesaid facts, this Court may consider the case of the present appellant under section 304 (Part I) or (Part II) of IPC.