MANSUKH KARSAN VAGHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT ("The Accused" for short) was charged and tried by learned Additional Sessions Judge, Porbandar for commission of the offence punishable under Sections 302 of The Indian Penal Code ("IPC" for short) and under Section 135 of the Bombay Police Act ("B.P.Act" for short) on the accusation that the Appellant was abusing Madhubhai Sidibhai Vaghri and deceased Vasant Manu by giving bad words, in a drunkard position, and when Vasant Manu stopped him, the Appellant got excited and gave a blow near ribs below the part of the shoulder and caused injury with the knife in his hand and thereby caused the death of Vasant Manu, and also committed violation of notification of District Magistrate, Junagadh.

(2.) AT the end of the trial, the Appellant Accused was found guilty of the offence of murder of Vasant Manu, punishable under Section 302 IPC and under Section 135 of the B.P.Act. He was, therefore, convicted vide judgment and order dated 26.7.2000 and sentenced to imprisonment of life and fine of Rs.1000/ - i.d. SI for a further period of one year, 3 moths SI for the offence punishable under Section 504 IPC and 4 months SI for the offence punishable under Sction 135 of the B.P.Act and fine of Rs.250.

(3.) THE Appellant / Accused, aggrieved by the judgment and order of conviction and sentence, has filed the instant Appeal with the aid of Section 374 of the Code of Criminal Procedure ("the Code" for short).