NANHELAL @ NANDLAL FULRAJ YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is at the instance of a convict -accused of the offences under Section 302 of the Indian Penal Code and is directed against the order of conviction and sentence passed by the Additional Principal Judge, City Sessions Court No. 2, Ahmedabad, dated 27th February 2009 in Sessions Case No. 94 of 2008.

(2.) BY the aforesaid order, the learned Additional Principal Judge convicted the accused -appellant of the offence of murder punishable under Section 302 of the Indian Penal Code and sentenced him to suffer life imprisonment. The learned Additional Principal Judge also convicted the accused -appellant of the offence under Section 135 of the Bombay Police Act. However, no separate sentence was imposed by the trial Court for the offence under Section 135 of the Bombay Police Act.

(3.) IT is the case of the prosecution that the deceased had alleged and questioned the accused as to why he had indulged in pelting of stones on the house of the deceased. Even otherwise, the accused and the family of the deceased was not getting along well and frequent quarrels used to ensue between them. It is also the case of the prosecution that the deceased and her husband PW2 Santram Chauhan were in the business of selling and delivering milk, and for such purpose, they had reared cows at their place of residence.