PANDITBHAI KALUBHAI DHUMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal under Sec. 374 of the Code of Criminal Procedure has been preferred by the appellant-accused, who has been charged and tried for the offence punishable under Sections 302 and 323 of Indian Penal Code in Sessions Case No. 89 of 1997 wherein he was convicted to undergo imprisonment for life and fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for six months for the offence under Section 302 of the Indian Penal Code and also convicted to undergo rigorous imprisonment for six months for the offence under Section 323 of the Indian Penal Code by the learned Additional Sessions Judge, Valsad at Navsari vide judgment and order dated 18. 01. 1999. It is also ordered to run both sentences concurrently.

(2.) THE case of the prosecution in short is as under :-The complainant, Sonu Jipar Vaghar, Kamlesh Rama and Balu Rama had returned to village by securing money of the labour work done by them of Rs. 4,070/ -. The complainant divided Rs. 4,000/- equally between them and from the balance amount of Rs. 70/-, a chicken was purchased and in the same evening, they cooked the same on the river bank. While they were about to start eating, the appellant-accused and Jayrambhai (the deceased) came there and asked for food.

(3.) AFTER having food, Sonu Jipar, Kamlesh Rama and Balu Rama went towards their house and as the deceased had consumed much alcohol, the complainant was taking him to his house. At that time, the accused started quarreling with the deceased saying that "why you have gone for a natural call at the door step of my house?" The complainant asked the accused "whether he respects his word?". In reply, the appellant-accused said "yes" and, thereafter, the accused left the same place.