SHANABHAI MOHANBHAI KACHHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant has challenged judgement and order dated 30.9.2008 passed by learned 4th Additional Sessions Judge, Vadodara, in Sessions Case No. 185 of 2006 whereby the trial Court convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay fine of Rs. 500/ - and in default thereof, to undergo simple imprisonment for seven days. The trial Court further convicted the appellant for the offence punishable under Section 324 of the Indian Penal Code and sentenced him to undergo simple imprisonment for one year.

(2.) THE case of the prosecution is that on 13.5.2006 at about 4.00 hours the deceased and the injured were sleeping on cot in the courtyard of their house at Mujpur, Vachla Street, Taluka Padra. At that time, the accused came there with a bamboo stick and stated that you had got issued the insurance of the land and tried to take away the same. Therefore, the accused attacked Gordhanbhai, husband of the complainant Nathiben and with an intention to kill him, inflicted a blow with the stick on the head of the deceased which resulted his death. The accused caused grievous injuries to the complainant Nathiben on her left hand and on the part of her head. He also inflicted injury on the part of jaw near left ear of Vinodbhai.

(3.) LEARNED APP Mr. Jani appearing for the respondent - State has supported the judgement and order of the trial Court and contended that this is a fit case where no leniency is required to be shown by this Court. He has contended that the incident took place at 4.00 a.m. and when the deceased and injured were sleeping on cot in the compound of their house, the accused gave single blow on the head of the deceased which has resulted into his death. Thus, taking into consideration of the gravity of the offence, no leniency should be given to the accused and conviction of the accused by the trial Court under Section 302 read with Section 324 of the Indian Penal Code may be upheld.