UKKAD, UKABHAI BUDHIYABHA HALPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arise out of the judgment and order dated 22nd April, 1997 passed by the learned Additional Session Judge, Navsari in Sessions Case No.142 of 1995.

(2.) The appellant-original accused and three others were charged with offence punishable under Section 302 of the Indian Penal Code. The learned Additional Sessions Judge acquitted rest of the accused. He, however, convicted the present appellant for the offence punishable under Section 304(Part-II)of the Indian Penal Code. He was sentenced to undergo rigorous imprisonment of five years and to pay fine of Rs.1,000/-. It is this conviction which the appellant has challenged in the present appeal.

(3.) From charge framed at Exhibit-2 against the accused it appears that the prosecution case is that on about 9:30 at night on 27th July, 1995 while the other accused persons caught hold of the deceased-Kikabhai, accused Ukkadbhai( the appellant, herein) gave one blow on the head of the deceased with a stick.