PRAVINJI KALAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is directed against the impugned judgment and order rendered in Sessions Case No. 38 of 2012 by the learned 3rd Additional Sessions Judge, Mahesana, Camp at Visnagar dated 20.7.2012 recording conviction of the accused for the offence under Section 304 Part II of the Indian Penal Code and imposing sentence of RI for 10 years and fine of Rs.5000/- and in default SI for 3 months. Further the conviction is also recorded for the offence under Section 504 of the Indian Penal Code and imposing sentence of SI for 6 months and fine of Rs.1000/- and in default SI for 1 month as well as for the offence under Section 135 of the Bombay Police Act imposing sentence of SI for 1 month.

(2.) The facts of the case briefly summarized are as follows.

(3.) The accused had trespassed and passed on the space of the father of the complainant though he had another way which had earlier also resulted in quarrel. However, the accused is said to have passed through the land of the father of the complainant on 14.1.2011 for which father of the complainant is said to have objected stating that why he should pass through his land which resulted in the quarrel.