SOMABHAI NATHUBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal, under section 374(2) of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') is directed against the judgment and order dated 07/12/2010 passed by the learned Additional Sessions Judge, Bharuch, Camp: Ankleshwar in Sessions Case No. 52 of 2010, whereby the appellant herein original accused has been convicted of the charge levelled against him for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced to undergo life imprisonment and a fine of Rs.5,000/ and in default of payment of fine, to undergo, further simple imprisonment for one year.

(2.) Filtering the unnecessary details, the facts of the prosecution case are that about three days prior to the incident in question, deceased Bipin, the son of the complainant, had an altercation with the appellant herein original accused on the count of deceased having illicit relations with one lady of the same village where they resided, which was later culminated into settlement.

(3.) We have heard Mr. P. H. Buch, learned advocate for the appellant accused and Mr. N. J. Shah, learned Additional Public Prosecutor for the respondent State.