MAGANBHAI BHIKHABHAI BHANGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appeal is directed against the judgement and order dated 11.08.2003 rendered by learned Additional Sessions Judge, Palanpur in Sessions Case No.153/2002.

(2.) THE appellant herein was the original accused. He and co -accused were charged with offence punishable under Section 302 of the Indian Penal Code. Accused No.2 was acquitted. The appellant herein i.e. accused No.1 was convicted under Section 304 Part -II and sentenced to five years of rigorous imprisonment.

(3.) BROADLY stated, the prosecution case was that on 21.6.2002 at about 12 O' clock in the afternoon pursuant to a quarrel with the wife of the deceased Laxmanbhai Ganeshbhai, appellant gave fist and kick blows to him on his stomach and thereby caused his death.