VASANTBHAI SHANTILAL BHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 27.8.2004 rendered by learned Additonal Sessions Judge, Rajpipla in Sessions Case No.85/2004.

(2.) The appellant was the original accused charged with offence punishable under Section 302 of the Indian Penal Code. Learned Additional Sessions Judge convicted him under Section 304 Part-II of the Indian Penal Code and sentenced him to rigorous imprisonment of seven years and fine of Rs. 500/-.

(3.) As per the prosecution case, between the appellant and one Vitthalbhai, there was earlier dispute about the boundaries between their fields. On the date of incident, buffalo of the appellant had entered into the field of the deceased. Grandson of the deceased had driven away the buffalo. The appellant therefore, went to the house of deceased on 6.3.2004 at about 11 O' clock. There was a quarrel and the appellant caused injuries to the deceased on chest by throwing stones. The injury caused death of Vitthalbhai. The appellant was therefore, charged under Section 302 of the Indian Penal Code.