SHIVPALSING BABUSING RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No. 1047 of 2000 is filed by the appellants-accused against the judgment and order passed by the learned Additional Sessions Judge, Court No. 8, Ahmedabad in Sessions Case No. 356 of 1998 and Sessions Case No. 126 of 2000 dated 19. 10. 2000.

(2.) HEARD the learned counsel for the parties.

(3.) THE incident had taken place in the background when the deceased went to the house of the accused and caused injuries inasmuch as accused Shivpalsing has sustained eight injuries. To that effect, cross complaints are also filed. In his defence, said accused- Shivpalsing caused one injury to deceased Shri Sanjaysing. It was a clear case of right of private defence according to the learned counsel for the appellants. According to the medical opinion, the injuries of such nature would cause death, but fact remains that there is only one serious injury and, therefore, the intention of accused No. 1- Shivpalsingh was not to cause death.