STATE OF GUJARAT Vs. KANUBHAI AMIRBHAI PARMAR

JUDGEMENT

(1.) THIS appeal is filed by the State calling in question the judgment of the Sessions Court dated 29.8.2005 rendered by Sessions Court Vadodara in Sessions Case No.239 of 2004.

(2.) AS per the charge Exh.7, on 16.1.2004 the accused had a quarrel with deceased Arvind, whom the accused assaulted with a knife and gave a couple of blows on the chest causing his death. One Maniben was present in near vicinity and tried to intervene, but the accused threatened her with serious consequences.

(3.) THE Sessions Court by the impugned judgment believed the involvement of the accused and in fact convicted him for the offence punishable under Section 302 of the Indian Penal Code. On the sentence, however, the learned Judge after recording his reasons, ordered rigorous imprisonment of ten years of the accused and imposed a fine of Rs.100/ -. The case of the State is that once accused was convicted for offence under Section 302 of the Indian Penal Code, there was thereafter no scope for awarding any punishment lesser than imprisonment for life.