BHUKHABHAI @ BHURABHAI MANGABHAI TADVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant has challenged the judgment and order of conviction and sentence passed by the learned Presiding Officer and Additional Sessions Judge, Fast Track Court No.1, Chhotaudaipur, Vadodar, dated 17.01.2007, whereby, the appellant herein, original accused, has been convicted for life imprisonment for the offence punishable u/s.302 of the Indian Penal Code (for short, "the IPC") and fine of Rs. 100/, in default of payment of fine, the appellant shall undergo further sentence of simple imprisonment for one month. The appellant has been acquitted for the charge u/s.504 of the Indian Penal Code and u/s. 135 (1) of the Bombay Police Act.

(2.) A complaint was filed by the complainant, Shardaben Sabirbhai Kalubhai Mirza, on 13.05.2006 before the Jetpur Pavi Police, interalia alleging that on 13.5.2006 at about 4 p.m. when she was going towards her house, one Kokilaben, sister of Bakabhai @ Bhurabhai Tadvi had come to the house of her neighbour namely Ratanbhai Somabhai as a guest. Ratanbhai told Kokilaben not to come to his house as he did not have any relations with her and therefore, Kokilaben left the house of Ratanbhai and went to the house of her brother, Bakabhai.

(3.) LEARNED counsel for the appellant has contended that the incident in question had happened in a spur of the moment.