HIRENBHAI BHUPATBHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this Appeal, the Appellant accused has felt aggrieved by the judgment and order of conviction and sentence dated 29.03.2011 passed by the learned Sessions Judge, Bhavnagar, in Sessions Case No.71/2011 whereby the appellant accused was convicted for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life and payment of fine of Rs.5,000/=, and in default of payment of fine, to undergo rigorous imprisonment for six months.

(2.) The case of the prosecution in brief is as under :-

(3.) Learned Advocate for the appellant accused Mr. Madansingh O. Barod has argued qua the sentence of the accused in view of the dying declaration recorded. It is further submitted that there was no motive on part of the accused to commit the crime and the accused may be granted the benefit of the decision rendered in the case of B.N. Kavatakar and another v. State of Karnataka, 1994 Supp1 SCC 304 and the sentence of the accused be converted from Section 302 of the Indian Penal Code to Section 304 Part II of the Indian Penal Code.