AMRATBHAI GODADBHAI RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AGGRIEVED by judgement and order dated 28 February 2006 passed by learned Additional Sessions Judge, Banaskantha ( Deesa) in Sessions Case No. 93 2005 finding the appellant original accused guilty for the offence punishable under Section 302 of Indian Penal Code and sentencing him for life imprisonment and imposing a fine of Rs. 500/ and simple imprisonment for period of two months in default of payment of fine, the original accused is before this Court in this appeal.

(2.) THE facts giving rise to the present appeal are as under:

(3.) THE only argument advanced by the learned counsel for the appellant is that the accused had no intention to kill the deceased who was his elder brother and it was only on account of heated exchange of words and sudden altercation on account of the deceased having scolded Suresh, that the accused unintentionally resorted to the harsh step of getting the Vansi and assaulted the deceased. The learned counsel therefore, submitted that the accused should be extended the benefit of doubt under Section 304 Part II. Learned counsel has also taken this Court through the entire evidence on record and has submitted that the accused did not have any intention to kill.