STATE OF GUJARAT Vs. PARVEJBHAI FAKIRBHAI GHASWALA

JUDGEMENT

(1.) Both these appeals have been preferred by the State against the judgment and order dated 20-3-1997 passed by the learned Additional Sessions Judge, Valsad at Navsari, in Sessions Case No.51 of 1996 whereby the original accused was convicted and sentenced to undergo RI for 4 years and fine of Rs.500/-, in default, to suffer further SI for one month for the offence punishable under section 304 Part-II of IPC and to undergo SI for 1 year and fine of Rs.500/-, in default, to suffer further SI for 15 days for the offence punishable under section 325 of IPC for the offence punishable under section 325 of IPC. All the sentences were ordered to run concurrently.

(2.) Short facts of the prosecution case are that a complaint was lodged by the complainant Babubhai Nichhabhai Rathod with Billimora Police Station for the offences punishable under Secs.302, 324 and 504 of IPC alleging inter alia that on 1-12- 1995, the deceased stated his son that on the previous day, somebody has taken Rs.2,000/- from his pocket and due to this, exchange of words took place between the deceased and his son about missing of money and in a spur of moment, the accused took out knife and injured his father on the neck and committed the offence punishable under section 302 of IPC. At the end of investigation, charge sheet was filed before the Court of learned Judicial Magistrate First Class, Gandevi.

(3.) Heard learned APP, Ms.C.M.Shah for the appellant-State and learned advocate, Mr.P.V.Patadia for the original accused.