BALAJI SADAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appeal arises out of a judgement and order dated 30.6.1997 passed by learned Additional Sessions Judge, Mehsana in Sessions Case No.43/1997.

(2.) The appellant was the original accused charged with offence punishable under Section 302 of the Indian Penal Code. He was however, convicted under Section 304 Part-II of the Indian Penal Code. He was sentenced to undergo two years of rigorous imprisonment and pay a fine of Rs.500/. The accused is therefore, in appeal against the said judgement.

(3.) The prosecution case was that on 8.7.1996 at about 5 O' Clock in the evening accused had picked up a fight with one Kanubhai Vaghri when he was passing near the house of the accused along with his wife. The accused attacked deceased Kanubhai and gave several kicks in his stomach which caused internal injuries ultimately leading to his death. It was therefore, alleged that the accused had committed offence punishable under Section 302 of the Indian Penal Code.