STATE OF GUJARAT Vs. MUKESHBHAI PANCHABHAI PATEL DOBARIYA

JUDGEMENT

(1.) BY way of this appeal, the appellantState has challenged the judgment and order passed by the learned Additional Sessions Judge, Junagadh, in Sessions Case No.33 of 2007 dated 23.12.2009, whereby, the original accusedrespondent herein, has been convicted for the offence punishable under section 304 partI of the Indian Penal Code (for short, "the IPC") and sentenced him to undergo rigorous imprisonment for four years and fine of Rs.1,000/, in default of payment of fine, the original accused shall undergo further simple imprisonment for one month. The original accused has been given the benefit of set off and has been acquitted of the charge under section 302 of the IPC and 135 of the Bombay Police Act.

(2.) A complaint was filed by the complainantHarunbhai Husainbhai, inter alia alleging that he had three brothers namely Kasambhai, Yusufbhaideceased and Habibbhai. It is alleged that the appellant herein and his parents were living beside the house of Yusufbhai and therefore, the appellant herein used to go to Yusufbhai's house and during that period, the appellant herein having illicit relation with the wife of Yusufbhai. It is further alleged that on 27.10.2006, Yusufbhai saw the present appellant and his wife in absurdity condition, therefore, he informed the said fact to the complainant. Thereafter, the complainant called the present appellant and slapped him. After some time, while Yusufbhai was going to his pan shop, the appellant herein caught hold of him and inflicted knife blows on the chest and stomach of the Yusufbhai. Upon hearing the shouts of deceased, other people were gathered at the scene of offence and taken away said Yusufbhai to the hospital, where he declared dead. In this connection a complaint was filed by the complainant.

(3.) LEARNED advocate for the respondent has submitted that the trial Court after appreciating the evidence on record has passed the impugned judgment order. Therefore, he requested this Court not to interfere with the impugned judgment and order of the Trial Court.