VANDANSINH D CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HAVING been sentenced to life imprisonment and ordered to pay fine of Rs. 1000/ - in default to undergo imprisonment for three months for the offence under section 302 of Indian Penal Code by impugned judgement and order dated 06.12.2008 passed by the learned Additional Sessions Judge, Fast Track Court No. 4, Himmatnagar, Camp at Idar in Sessions Case No. 7 of 2008, the appellant, being aggrieved, is before this Court questioning the impugned judgment and order.

(2.) THE case of the prosecution as per charge at Ex. 5 is that on 20.08.2007 at about 1930 hours the deceased Dalpat Chauhan accosted the appellant for quarreling with his wife, children and other villagers, the appellant got angry and gave knife blow on the chest of the deceased causing his death. A complaint in respect of this incident was lodged by Arvindsinh Dalpatsinh Chauhan P.W. 2 with Vijaynagar Police Station vide I -C.R. No. 85 of 2007 for the offences punishable under sections 302 of Indian Penal Code and 135 of B.P. Act.

(3.) WE have heard Ms. Meenu Kumar, learned advocate appearing for the accused and Mr. H.L. Jani, learned APP appearing for State of Gujarat. We have gone through the oral as well as documentary evidence available on record.