STATE OF GUJARAT Vs. BALA

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') is directed against the judgment and order dated 15/03/1997, passed by the learned Additional Sessions Judge, Valsad @ Navsari in Sessions Case No. 73 of 1996, whereby the respondent herein - original accused has been acquitted of the offence punishable under Section 302 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and convicted only for the offence punishable under Section 304 Part (II) of the IPC and sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 500/- and in default of payment of fine, to undergo, further simple imprisonment for fifteen days.

(2.) Filtering the unnecessary details, the facts of the prosecution case are that on 09/12/1995 between 11:30 a.m. and 11:45 a.m., at Kuva Falia, village: Matwad, the respondent herein - original accused, on a suspicion of her wife having illicit relations with deceased - Dilipbhai Jerambhai Patel and keeping grudge of the same, abused the deceased and assaulted him with a knife and thereby, severely injured the deceased. The deceased, ultimately, succumbed to the injuries. Thus, the respondent - accused committed the offence, alleged against him, for which, a complaint came to be lodged against the accused for the offence punishable under Sections 302 and 504 of the IPC.

(3.) We have heard Mr. Hardik Soni, learned Additional Public Prosecutor for the appellant - State and Mr. Mrudul M. Barot, learned advocate for the respondent - original accused.