SHAKTISINH @ CHAKUBHAI BAHADURSINH GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT is original accused. He was convicted for offence punishable under Section 302 of Indian Penal Code by the learned Additional Sessions Judge, Bhavnagar, by the impugned judgment dated 27.2.2009 rendered in Sessions Case No.41 of 2007.

(2.) BRIEFLY stated the prosecution version was that on 29.11.2006 deceased was doing the work of shoe making at home. At that time the accused passed by using foul language. The deceased therefore told him not to use bad words. Accused thereupon got excited and gave a knife blow to the deceased on his chest and committed his murder.

(3.) A Charge was framed at Ex.7 alleging that the accused had committed offence punishable under Sections 302 and 504 of Indian Penal Code and Section 135 of Bombay Police Act. By the impugned judgment he was convicted for the offence under Sections 302 and 504 of Indian Penal Code, but acquitted for offence under Section 135 of Bombay Police Act. For offence under Section 504 he was sentenced to imprisonment for 01 year and fine of Rs.2,000/.