LAWS(GJH)-2014-11-155

MUKESHBHAI KALUBHAI MEHSHON Vs. STATE OF GUJARAT

Decided On November 18, 2014
Mukeshbhai Kalubhai Mehshon Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) HEARD learned advocate Mr. M. A. Kharadi for the appellants and learned APP Ms. Jirga Jhaveri for the opponent State.

(2.) APPELLANTS herein are accused in Sessions Case No. 37 of 2011, wherein by this judgment dated 05.01.2012, the Principal Sessions Judge, Dahod has convicted them for the offences punishable under Sections 304 -II and 504 of the Indian Penal Code. The trial Court has awarded the sentence of 7 years rigorous imprisonment with fine of Rs.1000/ - and in default of payment of fine further rigorous imprisonment for one year to accused No.2 under Section 304 II with further imprisonment for 6 months with fine of Rs.500/ - and in default of payment of fine, further imprisonment of one month under Section 504. Whereas accused No.1 has been awarded the sentence of 3 years rigorous imprisonment with fine of Rs.500/ - and in default of payment of fine, further rigorous imprisonment for six months under Section 304 II with further imprisonment for 6 months with fine of Rs.100/ - and in default of payment of fine, imprisonment of one month under Section 504 of the Indian Penal Code. The trial Court has directed that all the sentences shall run concurrently and that period of detention undergone by both the accused shall be given set off. Accused No.1 is appellant No.1 herein and accused No.2 is appellant No.2 herein.

(3.) THE sum and substance of the prosecution case is to the effect that on 11.07.2010 at about 9:00 p.m., appellant No.1 held the victim in the court yard of the complainant and used filthy, abusing and threatening language because of the dispute regarding the ownership and transfer of the land amongst them and at the same time while using filthy language appellant No.2 has assaulted the victim and given slap on his face and neck, which results into the death of the victim namely Ambubhai Virchandbhai. Since victim died because of assault by the appellants, his son Gajendra Ambubhai has filed FIR against both of them being Jhalod Police Station I C. R. No. 38 of 2010 and Investigating Agency has after investigation, filed a charge sheet against both of them under Sections 302 and 114 of the Indian Penal Code because of death of the victim i.e. father of the complainant.