KANUDIYABHAI GULIYABHAI DHANUK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellantaccused was tried and sentenced interalia, to life imprisonment for the offences punishable under Sections 302, 323 and 504 of Indian Penal Code ( for short "IPC" ) on 24.8.2006 in Sessions Case No.43 of 2005 by the learned Additional Sessions Judge, Fast Track Court No.3, Vadodara, Taluka Chhota Udepur.

(2.) AS per the prosecution case the appellantaccused came to the house of the deceased Lakadiyabhai Guliyabhai on 08.05.2005 initially at about 10:00 p.m. armed with a wooden log and took up a quarrel with him relating to land dispute. He told the deceased that he had already got more share in the land and still he was expecting for more? Thereafter the appellant dealt a log blow on the waist of the deceased and then went back after warning the deceased that he will be coming back. After about an hour the accused returned with bow and arrow along with his other two family members who also were accused; but acquitted by the court below and the State has not filed any appeal against such acquittal. Thereafter the appellant released the arrow on the deceased which landed in his neck region, killing the deceased on the spot.

(3.) LEARNED counsel for the appellant submitted that no independent witnesses were examined and all the witnesses were family members and interested witnesses and therefore they have not given the correct account of the story. Learned counsel for the appellant would submit that, since the motive in relation to the land dispute leading to the offence in question is not established by prosecution, benefit of doubt must be given to the accused. Alternatively he would submit that the offence occurred in the heat of moment, accused having no intention to kill the deceased, and therefore, at the most, the punishment that could have been awarded was one under Section 304 of Part ­ II of IPC.