BHUPATBHAI LAKHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 22nd June 1990 rendered by the learned Additional Sessions Judge, Junagadh in Sessions Case No.109/88.

(2.) THE appellant original -accused No.1 was charged with offences punishable under section 302, 325, 323, 504 and 506(2) of the Indian Penal Code. By the impugned judgment, learned Additional Sessions Judge acquitted original accused No.2. However, the appellant -original accused No.1 was convicted for offence punishable under section 304 Part II of the Indian Penal Code and sentenced him to rigorous imprisonment for three years and also directed to pay fine of Rs.1,000/ -.

(3.) BROADLY stated, the prosecution case was that the appellant, Bhupat Lakhabhai and original accused No.2, Mahesh Lakhabhai had a quarrel with Kishor Virabhai, PW -1, Ex.19 about demand of Rs.2,000/ - by the accused from the father of Kishore. Kishor was assaulted. He, thereafter, met deceased Bava Kala who happened to be his uncle and narrated the incident. Deceased Bava Kala along with Kishor therefore approached the accused and admonished them. The appellant, therefore, got excited. He gave one stick blow to the deceased on the head. The deceased was treated in a hospital. A few days thereafter, he succumbed to the injury.