RAISINGBHAI HEMABHAI BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 30.6.2005 passed by the learned Addl. Sessions Judge, 6th Fast Track Court, Panchmahals at Godhra in Sessions Case No. 19/2005, whereby, the learned trial Judge has convicted the appellant under sec. 302 of IPC and sentenced to undergo R/I for life and to pay a fine of Rs. 500/-, in default, to undergo further imprisonment for one month. The appellant is also convicted under sec. 452 of IPC and sentenced to undergo imprisonment for a period of three years and to pay a fine of Rs 300/-, in default, to undergo further imprisonment for 15 days, which is impugned in this appeal.

(2.) 1 The case of the prosecution is that on 9.10.2004, at about 4.00 O'clock in the early morning, has committed the murder of Chhatrabhai Nathabhai, who was husband of complainant Gangaben when they were sleeping in their house by inflicting Axe blow on the neck of deceased Chhatrabhai Nathabhai because of the earlier quarrel took place between the children. Thereafter the complaint was filed.

(3.) Thereafter, after examining the witnesses, further statement of the appellant-accused under sec. 313 of CrPC was recorded in which the appellant-accused has denied the case of the prosecution.