GULABSING MIRIYABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of conviction dated 05.06.2010 passed by the learned Sessions Judge, Narmada at Rajpipla, in Sessions Case No.10 of 2010. The said case was registered against the appellant original accused for the offences punishable under Section 304(1) of the Indian Penal Code. The appellant is sentenced to undergo R.I. for 10 years and fine of Rs.1000/, in default, S.I. for two months for the offence punishable under Section 304(1)of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, on 31.1.2010 at about 6:00 p.m. when the complainant, his father, mother, wife, sister and brotherinlaw were sitting on otta outside their house, the uncle of the complainant, appellant accused came in drunkard condition and started shouting and on trying to stop him by his father who happens to be brother of appellant, the appellant went inside the house and brought knife and gave fatal blow on the beck of his brother deceased father of the complainant. Thereafter the injured deceased was shifted to hospital by autorickshaw of one Mr.Vikramsing. Ultimately the injured father of the complainant died for which Abhesing Hchandrasing Vasava, son of deceased lodged complaint on 31.1.2010.

(3.) ON the basis of above allegations, investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused person was arrested and, ultimately, chargesheet came to be filed against him. As the case was sessions triable the same was committed to the Court of Sessions.