KORMARAV JAGALNAIKIL RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has challenged the judgment and order dated 15.06.2007, passed by the Principal Sessions Judge, Bharuch, in Sessions Case No.78 of 2006, whereby he was convicted for the offence punishable under Sections 302 of the Indian Penal Code (for short "the I.P.Code") and sentenced to undergo imprisonment for life and fine of Rs.2,000/, in default of payment of fine, the appellant shall undergo further simple imprisonment for four months. The appellant was given the benefit of set off.

(2.) THE case of the prosecution as disclosed during the trial is that the appellant herein and deceasedTatarao were staying in the same room. On 18.06.2006 at about 3:30 pm. a quarrel took place between them regarding cooking of mutton and appellant herein attacked Tatarao with knife and gave several blows to him. As a result of said knife blows he sutained grievious injuries and died on the spot. A complaint in respect of this incident was lodged by the complainant. In pursuance of this complaint, FIR vide Bharuch City "B" Police Station ICR No.31 of 2006 of came to be registered.

(3.) IN order to bring home the charge against the appellants, the prosecution examined the following witnesses: