RAJUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate Mr. IM Mansuri for the appellant and Ms. Chandarana, Ld. APP for the respondent - State.

(2.) THE appellant has been convicted by the impugned judgment and order dated 28/12/2005 passed in Sessions Case No. 340/2003 by the Ld. Addl. Sessions Judge of Court No. 13, City Sessions Court, Ahmedabad City, for the offence under section 304 Part -II of the Indian Penal Code [IPC] and sentenced to undergo rigorous imprisonment [RI] for five years and fine of Rs. 10,000/ - and in default of payment of fine, to undergo RI for six months.

(3.) THOUGH charge -sheet was filed against three persons, only accused No. 1 has been convicted and rest of the accused have been acquitted. The charge was framed at exh. 2 on 11/3/2004 alleging that the accused No. 3 was suspecting an illicit relation of the victim with her husband and, therefore, on 29/6/2003 at about 10.00 PM when there was a quarrel between the victim and accused No. 3, the accused No. 3 has abused the victim by improper and unparliamentary words and insulted her and threatened her to kill. Whereas accused Nos. 1 and 2 have instigated and abetted such act of accused No. 3 and in addition to such insult, all the accused have joined together in beating the victim by kick and fist on different parts of her body viz., stomach, etc. Whereas accused No. 1 i.e., present appellant has given knife blow on the back side of hip of the victim and such blow had resulted into death of the victim during treatment. Therefore, charges under sections referred hereinabove was framed and on denial of such charge, accused were tried and convicted as above.