GOVINDJI JAVANJI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal arises out of a judgment and order rendered by learned Additional City Sessions Judge, Court No. 13, Ahmedabad in Sessions Case No. 332 of 2000 on 29. 11. 2002 convicting the present appellant for the offences punishable under Sections 302 and 324 of the Indian Penal Code ('ipc', for short ). The appellant is sentenced to undergo imprisonment for life and to pay fine of Rs. 2000/- and in default, S. I for one year for the offence of murder and for the other offence he is sentenced to undergo R. I for two years and fine of Rs. 1000/- and in default, S. I for three months by this judgment and order impugned herein.

(2.) AS per the prosecution case, the incident occurred on 20. 3. 2000 around 10. 30 pm. The incident had its roots in an incident that occurred in the earlier part of that day. At the time of the incident, it is alleged that the deceased and original accused No. 2 Naranji Javanji Prajapati had an altercation. During the course of altercation, it is alleged that accused No. 3 Bhuriben, wife of accused No. 2 gave a stick blow to the victim. While this episode was in process, it is alleged that present appellant original accused No. 1 Govindji Javanji rushed out of the house with a knife in his hand and inflicted multiple blows on the deceased, resulting into stab injuries and his death. It is also alleged that the appellant accused caused hurt to PW-4 Prakashbhai Dahyabhai with the help of knife.

(3.) WE have heard the learned advocate Mr. U. S. Brahmbhatt for the appellant and learned Additional Public Prosecutor Mr. Nanavati for the respondent State.