RANJITSINH DAJIBHAI CHAWDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 10/10/2002 passed by the learned Additional Sessions Judge, Ahmedabad City, Ahmedabad in Sessions Case No. 24 of 2001, whereby, the appellant herein - original accused No. 2 came to be convicted for the offence punishable under Sec. 323 r/w. 114 and 302 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and for the offence punishable under Sec. 323 of the IPC, he was sentenced to undergo simple imprisonment for three months. Whereas, for the offence punishable under Sec. 302 of the IPC, he was sentenced to undergo life imprisonment. Both the sentences were to run concurrently.

(2.) Brief facts of the prosecution case are that on 04/07/2000 at about 8 o'clock, the complainant and the wife of accused No. 2 had an altercation as the complainant drew a drainage to pass on the rain water, which accumulated near the house of the accused. Thereafter, when the husband of the complainant returned home after job, she apprised the incident to him and hence, he reprimanded the accused due to which, the accused got excited and went near the house of the complainant and attacked her husband with kick and fist blows and thereby, caused severe injuries. The accused No. 2 caught hold the head of the husband of the complainant with heirs and hit it with wall and thereby, committed his murder. Thus, the accused committed the alleged offence for which, a complaint came to be lodged against the accused.

(3.) We have heard learned advocate Mr. Harsh Gajjar for Mr. P.R. Nanavati, learned advocate for the appellant - accused No. 2 and Ms. C.M. Shah, learned Additional Public Prosecutor, for the State.