PRAVINBHAI BHIMJIBHAI JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - accused has been found guilty of commission of offence under Section 302 of Indian Penal Code and has been awarded life imprisonment and fine of Rs. 2000/-, in default, rigorous imprisonment for one year by learned Additional Sessions Judge, Bhavnagar vide judgement and order dated 26.03.2014 passed in Sessions Case No. 71 of 2013.

(2.) The gist of the prosecution story is mentioned hereinbelow:-

(3.) Mr. Majmudar, learned advocate appearing for the appellant submitted that though the case against accused cannot be said to have been proved inasmuch as there is no sufficient evidence found against him, he has restricted his arguments to alteration of conviction imposed upon accused under Section 302 of IPC to one under Section 304(Part II) of IPC. He submitted that instead of entering into the merits of the case, this Court may consider the fact that the deceased died after four days of the incident and therefore considering the decision of the Apex Court in the case of Maniben vs. State of Gujarat, 2009 8 SCC 796 the conviction under Section 302 of Indian Penal Code may be altered to one under Section 304 (Part II) of Indian Penal Code and impose suitable punishment as this court may think fit.