POPATLAL GOVARAM THAKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 1325 of 2003 is directed against the judgement and order dated 10th October 2003 passed by learned Additional Sessions Judge (Fast Track Court), Banaskantha District, Palanpur in Sessions Case No. 210 of 2001 whereby the Sessions Court has convicted the present appellant-original accused No. 1 for offence under Section 304 (Part I) of IPC and sentencing him to rigorous imprisonment for seven years and to pay a fine of Rs. 50,000/-, in default to undergo further simple imprisonment for two years.

(2.) The prosecution case in a nutshell are as under:

(3.) Learned Advocate for the appellant submits that the deceased is the cousin of the accused and there was no intention to kill him. He submitted that because of the heated argument and at the spur of the moment, the incident has happened and, therefore, it cannot be treated as a 'murder', but only "Sculpable homicide" and the conviction must be under Section 304 Part II instead of Section 304 Part I of IPC. He submitted that a conjoint reading of the evidence on record it is evident that there was no intention on the part of the accused to cause death of the deceased and it is only the heated argument which led to the unfortunate incident.