KALUBHAI JESINGBHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant-accused is absconding. The learned counsel for the absconding appellant-accused submits that she has instructions to appear for the appellant-accused.

(2.) THE present appeal is filed against the judgment and order dated 5th April 2003 passed by the learned Sessions Judge, Panchmahals at Godhra in Sessions Case No. 298 of 2002 whereby the learned Sessions Judge was pleased to convict the appellant-accused for the offence under Section 302 of IPC read with Section 135 of the Bombay Police Act and sentenced him to undergo imprisonment for life with a fine of Rs. 1,000/- in default to further undergo simple imprisonment for three months.

(3.) THE case of the prosecution is that on 14th June 2002 at 15. 00 hours the accused and his wife were quarreling with each other and at that time deceased " Somabhai Jesingbhai intervened and tried to pacify both of them. Therefore, accused " appellant got excited and caused bow injury on the chest of the deceased because of which deceased died.