ARJUNBHAI VITTALBHAI BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal assails the judgment and order dated 31/08/2012, passed by the learned Additional Sessions Judge, Panchmahals @ Godhra in Sessions Case No. 169 of 2011, whereby, the appellant herein original accused came to be convicted for the offence punishable under Section 304 (PartII) of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced to undergo rigorous imprisonment (RI) for seven years and a fine of Rs.5,000/ and in default of payment of fine, to undergo, further RI for three months.

(2.) Filtering the unnecessary details the case of the prosecution is that, on 14/12/2010 at about 3:00 p.m. when the complainant was at his home with his wife - deceased Mangiben, at that time, the appellant herein - accused, whose marriage was solemnized with one Manishaben, the daughter of elder sisterinlaw of the complainant, came there and asked the complainant as to why had he invited his wife and thereby, started quarrelling with the complainant and hence, the wife of the complainant intervened to which the appellant - accused allegedly got excited and assaulted her with a wooden log and caused serious injury to her and hence, she was shifted to the hospital, where she eventually succumbed to the injuries. The appellant accused, thus, committed the offence alleged against him for which, a complaint came to be lodged.

(3.) Heard Ms. Kiran D. Pandey, the learned advocate for the appellant - original accused and Ms. Reeta Chandarana, the learned Additional Public Prosecutor, for the respondent - State.