NANUBHAI PUNJABHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is filed against the judgement and order dated 10. 7. 2003 passed by the learned Additional Sessions Judge, 5th Fast Track Court, Nadiad, in Sessions Case No. 222 of 1999. The learned trial Judge by the aforesaid judgement convicted the accused under Section 302 of Indian Penal Code and sentenced to rigorous imprisonment for life with fine of Rs. 5,000/- and in default of payment of fine, to undergo rigorous imprisonment for six months.

(2.) THE incident took place on 7. 4. 1999. Investigation was carried out. Chargesheet was filed. The accused was arrested. The case was committed to trial. The trial Court, after completion of trial, convicted and sentenced the accused as aforesaid. The accused has challenged the conviction in the present appeal.

(3.) AS the incident is alleged to have occurred in a fashion that the deceased was drunk and he having quarrelled with his wife had gone to the house of the accused. There some dispute arose and the accused gave one blow at the backside of the deceased which resulted into death.