MUSABHAI AHMEDBHAI DHUDHIA Vs. STAT OF GUJARAT

JUDGEMENT

(1.) By this appeal, the appellant challenges the judgment and order passed by learned Sessions Judge, Bharuch, on 26th November, 1996 in Sessions Case No.107 of 1996, convicting the appellant for offences punishable under Section 302 of the Indian Penal Code and Section 135(1) of the Bombay Police Act. The learned Sessions Judge sentenced the appellant to undergo rigorous imprisonment for life and to pay a fine of Rs.1000/- and, in default, to undergo rigorous imprisonment for further period of six months for the offence punishable under Section 302 of I.P.C. The appellant is also sentenced to undergo rigorous imprisonment for four months and to pay a fine of Rs.500/- and, in default, to undergo rigorous imprisonment for a further period of three months for the offence punishable under Section 135(1) of the Bombay Police Act.

(2.) The appellant is alleged to have committed murder of his brother, Valimohmad Dudhiya, on 11/11/1995, at about 17.55 hours, at village Sitpone, in front of their house, by inflicting knife blows on the deceased.

(3.) The appellant is represented by learned Advocate, Mr. B. S. Patel, appearing with Ms. Kiran Pande. Respondent-State is represented by learned Additional Public Prosecutor, Mr. Bhate. The record and proceedings are before us.