MAGANBHAI ZINIYABHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HAVING been sentenced to life imprisonment for the offence under section 302 of Indian Penal Code by impugned judgement and order dated 31.07.2003 passed by the learned Additional Sessions Judge, Vyara in Sessions Case No. 15 of 2001, the appellant, being aggrieved, is before this Court questioning the impugned judgment and order.

(2.) IT is the case of the prosecution that on 30.07.2000 the appellant got into a heated exchange of words with one Babubhai Viriyabhai Gamit (hereinafter referred to as 'the deceased') near Dosvada school and thereafter gave the deceased fist blows, abused him and also hit the deceased with the hind portion of a spade on his stomach and back thereby causing his death.

(3.) MR . Barot, learned advocate appearing for the appellant contended that looking to the nature of injuries sustained by the deceased and the fact that the deceased was treated as an outdoor patient, it can be said that the injuries were not so grievous that could have caused his death. He submitted that considering the nature of injuries the case of the appellant would not fall under section 302 of Indian Penal Code and therefore the impugned judgement and order deserves to be quashed and set aside.