STATE OF GUJARAT Vs. KULDIPSINH NIRMALSINH GOHIL

JUDGEMENT

(1.) The present appeal has been preferred by the appellant ' State under Sec. 377 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') and is directed against the judgment and order of conviction and sentence dtd. 27/12/2023 passed by the learned Sessions Judge, Bhavnagar, in Sessions Case No.11 of 2023.

(2.) By the aforesaid judgment and order of conviction and sentence, the trial court, after appreciating the evidence on record, held the present respondent-accused guilty and convicted him for the commission of offence punishable under Sec. 304 Part-II of the Indian Penal Code instead of one under Sec. 302 of the Indian Penal Code, for which the respondent-accused was charged. Consequently, the trial court sentenced the respondent-accused to suffer rigorous imprisonment for seven years with a fine of Rs.20,000.00=00, and in default of payment of fine, to undergo further simple imprisonment for one year.

(3.) The case of the prosecution, in nutshell, is that, on 24/7/2022 at about 2:30 in the afternoon at Derasarvali Sheri Chowk, Nodhanvadar, the present respondent-accused, keeping a grudge over an earlier dispute where a rape case was filed against him by the daughter of the deceased, assaulted the deceased mother of the complainant, namely Manjuben, by giving fisticuffs and caused her death.