GULSING GODWABHAI RATHWA 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 07.07.2011 passed by the learned 3rd Additional Sessions Judge, Jamnagar, in Sessions Case No. 56/2010 whereby the accused was convicted for the offence punishable under Sec. 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - and in default of payment of fine, simple imprisonment for a further period of six months.

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

(3.) Learned Advocate for the accused Mr. Mrudul M. Barot has taken this Court of the medical evidence and has argued on the aspect of charge. It is further submitted that the incident happened of all a sudden, in a spur of the moment and there was no pre -planned motive on part of the accused for pushing the deceased into the well which was very deep. It is further submitted that the accused at that juncture, was not aware that this act of his pushing the deceased into the well would cause his death. Considering the time that has elapsed and the unintended act of the accused as stated above, it is submitted that this Court may show mercy to the accused and convert the conviction of the accused to Sec. 304 Part I of the Indian Penal Code.