STATE OF GUJARAT Vs. THAVARBHAI VINCHHIYABHAI RATHVA

JUDGEMENT

(1.) The original accused was interalia sentenced to rigorous imprisonment for a period of three years and fine of Rs. 500/- in default simple imprisonment for ten days by impugned judgement and order dated 16.05.2008 passed by the Additional Sessions Judge, Fast Track Court No. 1, Godhra in Sessions Case No. 93 of 2007 for the offence punishable under section 304 (Part II) of IPC. Being aggrieved by the said conviction and sentence, the appellant State has preferred the present appeal.

(2.) A complaint was filed by one Malsing Kimji Rathva against the accused stating therein that on 09.03.2007, the accused and brother of deceased quarreled over share of 'tuvar' and brother of deceased informed about the said quarrel to the deceased. Thereafter on 10.03.2007 at about 06.00 pm the deceased went to the house of the accsued to inquire about the share of tuvar and there was a quarrel between them and during the said quarrel the accused inflicted axe blow on the neck of the deceased and other parts of the body. The deceased succumbed to those injuries.

(3.) Ms. C.M. Shah, learned advocate appearing for the appellant submitted that the complainant P.W. 2 has fully supported the case of the prosecution and he has very clearly mentioned as to how the incident occurred and what the accused did at the time of incident. She submitted that it is proved beyond reasonable doubt that the accused had committed the alleged offence. She has drawn the attention of this Court to the documentary evidences such as inquest panchnama Ex. 14, scene of offence panchnama Ex. 15, cloth recovered from the body of the deceased Ex. 16, recovery panchnama of axe Ex. 19 and submitted that considering these documents in light of the evidence of the Investigating Officer and the eye witness, it is proved that the accused had committed the alleged offence in cold blood and therefore he ought to have been convicted under Section 302 of IPC.