STATE OF GUJARAT Vs. BISMILLAKHAN MOJAMKHAN PATHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgement and order dated 17th September 2002 passed by Sessions Judge, Rajkot District, Rajkot whereby the Sessions Court has convicted the respondent for offence under section 304 Part I of Indian Penal Code and he was ordered to undergo rigorous imprisonment for a term of ten years and to pay fine of Rs.20000/ -, in default, to undergo simple imprisonment for a further period of two years.

(2.) THE prosecution case, in a nutshell, is as under:

(3.) MR . K.T. Dave, learned APP, appearing for the State submitted that the act of pressing the throat and nose of deceased by the accused, coupled with the medical evidence on record as well as the oral evidence of the eye -witness PW2 clearly establishes that the act by which the death of the deceased was caused was done by the accused with an intention to cause her death and therefore the conviction should have been under section 302 of IPC.