SOMABHAI VAJABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Appeal is filed by the appellant-accused against the judgment and order dated 08. 01. 2003 passed by the learned Additional Sessions Judge, Fast Track Court, Panchmahal at Godhra in Sessions Case No. 216 of 2002, whereby the appellant-accused has been convicted under Section 302 of the Indian Penal Code for life imprisonment and fine of Rs. 500/- was imposed, in default 15 days' simple imprisonment.

(2.) THE prosecution case, in brief, is that the deceased and the appellant-accused were the real brothers. They had the property disputes and therefore, they quarreled in the morning and in that heat of moment, the appellant-accused gave one blow on the head of the deceased and the deceased died due to that blow.

(3.) IN view of the fact that only one blow was given, that too at the heat of moment, while both brothers were quarreling regarding property dispute, the learned counsel for the appellant-accused submits that no case under Section 302 of the Indian Penal Code can be made out. The appellant-accused did not have intention to kill the deceased. In the facts and circumstances of the case, the case would not travel beyond Section 304 Part-I of the Indian Penal Code because there was no intention of the accused-appellant to cause death of the deceased. It was in the heat of moment that the appellant gave one blow and due to which, the deceased died. The appellant-accused has not taken any undue advantage of the incident.