THAKOR DASHRATHJI SAHDEVJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal has been preferred under Sec. 374 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') at the instance of the appellant-convict (i.e. the original accused) and is directed against the judgment and order of conviction and sentence dtd. 14/7/2015 passed by the learned Additional Sessions Judge, Patan, in Sessions Case No.86 of 2013.

(2.) By the aforesaid judgment and order of conviction and sentence, the trial court found the present appellant (i.e. the original accused) guilty for the offences punishable under Ss. 302 and 504 of the Indian Penal Code as well as under Sec. 135 of the Gujarat Police Act, and consequently, sentenced him to undergo imprisonment as under :

(3.) It is the case of the prosecution that on 20/5/2013, there was a marriage function of the niece of the complainant at village Jamtha. At that time, the accused had come to the shop of the complainant's brother, namely, Bharmaji Jumaji and had asked for a cold-drink. Thereafter, when Bharmaji Jumaji demanded for the money, the accused got agitated and abused him by uttering filthy language. At that time, another brother of the complainant, namely, Vishnuji Jumaji Thakor (i.e. the deceased) intervened, took the accused aside and tried to calm him down. However, the accused got angry, took out a knife from his pocket and inflicted knife blows on the right thigh and forehead of the Vishnuji. The injured Vishnuji was immediately taken to the Patan Janta Hospital, where he was declared dead.