POSHALAYABHAI JIVALYA DESHMUKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant came to be tried by the Sessions Court, Valsad at Navsari in Sessions Case No.166 of 1999 for the murder of his real brother Jagubhai Jivalya allegedly committed by him on 19.10.1999 at about 4.30 hours in the morning in front of the house of the deceased located in Khora falia of village Boriachh by inflicting axe blows on chest and other parts of the body. The Sessions Court, after considering the evidence led by the prosecution, concluded that the prosecution was successful in establishing the charge against the appellant and convicted the appellant accused under Section 302 of Indian Penal Code sentencing him to undergo imprisonment for life and to pay fine of Rs.2,000/-, in default, to undergo simple imprisonment for two years. Aggrieved by the said judgment and order, original accused convict has preferred this appeal.

(2.) The appellant is represented by learned advocate Ms.F.Y.Mansuri and the respondent State is represented by Mr.Bhate learned APP.

(3.) Ms.Mansuri submitted that the appellant is alleged to have committed murder of his full blood brother and the motive attributed is the property dispute, but in fact the dispute was settled about two years prior to the incident and thereafter, there was no dispute, quarrel or even altercation between two on this ground. The motive attributed is therefore, very stale.