MAHESHBHAI DITAJI CHENVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgement and order of conviction dated 07.06.2003 passed by the Additional Sessions Judge, Fast Track Court, Himmatnagar in Sessions Case No. 112 of 2002, whereby the appellant original accused has been convicted of the charges leveled against him u/s 302, 504 & 506(2) of the Indian Penal Code.

(2.) It is the case of the prosecution that on 10.02.2002 at around 09.00 pm when the complainant and other persons were having an altercation, the deceased intervened and tried to pacify them. At that time, the accused got excited and started abusing the deceased. Thereafter, he assaulted the deceased with an axe and the deceased sustained serious injuries on his forehead. The deceased was taken to hospital for treatment. However, he succumbed to injuries. A complaint was therefore lodged by the complainant.

(3.) Mr. Mrudul Barot, learned advocate appearing for the appellant has fairly conceded on the part of conviction of the appellant. He has however concentrated on the sentence awarded to the appellant. Mr. Barot has submitted that considering the fact that the incident in question happened in a weaker moment and the fact that the appellant did not intend to kill the victim or to cause such grievous injury which shall lead to his death, this Court may consider the case of the appellant under section 304 (Part II) of Indian Penal Code or at the most section 304 (Part I) of Indian Penal Code. He submitted that only a single blow was inflicted upon the deceased in a fit of rage and therefore this court may allow this appeal.