SABER PARSINH BHABHOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of conviction and sentence recorded by the learned Additional Sessions Judge, Godhra in Sessions Case No. 153 of 1982. The present appellant, along-with three others; was prosecuted for an offence punishable under section 302 read with section 34 of the Indian Penal Code as well as for other minor offences on an allegation that on 8-7-1982 at about 4.00 p.m. the present appellant, along with others, had quarreled with the complainants side, and in the process the present appellant had darted arrow which had hit the deceased Makana on the neck region and extensive internal damage resulted from the said injury. The deceased succumbed to the injury. A complaint was lodged and the accused were prosecuted for the offence charged.

(2.) On appreciation of the evidence, the learned Additional Sessions Judge came to the conclusion that the act was not done in further once of the common intention of causing death and, therefore, the other accused were convicted for minor offences and sentenced in accordance with law. They have not challenged the said order. That point is now no longer res-integra.

(3.) The present appellant was convicted for an offence punishable under section 302 of the Indian Penel Code and sentenced to suffer R.I. for life. He has challenged the said conviction.