VAGHAJI HATHAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal assails the judgment and order dated 15/03/2012, passed by the learned 3rd Additional Sessions Judge, Mahesana camp: Visnagar, in Sessions Case No. 105 of 2011, whereby, the appellant herein original accused came to be convicted for the offence punishable under Sections 304 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced to undergo rigorous imprisonment (RI) for ten years and a fine of Rs.5,000/ and in default of payment of fine, to undergo, further imprisonment for one year.

(2.) Filtering the unnecessary details the facts of the prosecution case are that the appellant herein - original accused allegedly had illicit relations with the wife of the brother of the complainant and as the brother of the complainant was a constraint in the said relations, the accused, allegedly on 26/07/2011 at about 08:30 a.m., near M. N. College, Opposite GEB office, on the road, assaulted the brother of the complainant with a big knife giving several blows on the different parts of the body and thereby, caused his murder. Thus, the accused committed the alleged offence, for which a complaint came to be lodged against him.

(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.