JAYANTIBHAI SABURBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal under Section 374 of the Code of Criminal Procedure, 1973 is filed by the appellant/original accused against the judgment of conviction and order of sentence passed by Additional Sessions Judge and Fast Track Court No. 2 at Nadiad in Sessions Case No. 11 of 2008 on 7.8.2010, by which, the appellant is convicted for offence under Section 302 of Indian Penal Code and sentence to undergo life imprisonment and also to pay fine of Rs. 5,000/ - and in default of fine further ordered to suffer R.I. for 1 year and also ordered to suffer R.I. for six months and also ordered to pay fine of Rs. 500/ - and in default of fine further order to R.I. for one year for the offences punishable under Section 504 of Indian Penal Code and also ordered to suffer R.I. for six months and fine of Rs. 500/ - and in default of fine further ordered R.I. for one month for the offences punishable under Section 135 of Bombay Police Act.

(2.) BRIEF facts of the case of the prosecution are as under:

(3.) LEARNED APP has supported the judgement and order of conviction and sentence so imposed by the trial Judge and submitted that the appellant had not only quarreled at the first instance with the deceased and abused but went back to his residence so as to bring out the stick and thereafter had gone to the residence of deceased where he had inflicted severe fatal blows on head which caused fracture and has internal injury noticed in postmortem report and deposed by medical officer was of severe hemorrhage is also a cause of death. Thus, intention of appellant convict was clear to kill the deceased and theory of single blow will not come to the help of the appellant. Besides, all eye witnesses fully supported case of the prosecution and result thereof, conviction and sentence order do not deserve any alteration and accordingly the appeal be rejected.