RAJU ALIAS BHARAT BHANABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is filed against the judgement and order dated 31. 7. 2001 passed by the learned Additional Sessions Judge, Valsad at Navsari, in Sessions Case No. 20 of 2000

(2.) HEARD learned counsel for the parties. The parties i. e. the accused and the deceased were closely related. The accused is son-in-law and the deceased is father-in-law. On the spur of the moment they entered into a duel because there was a family dispute. All of a sudden the accused inflicted one single blow which resulted into fatality. On the facts, it is seen that it is not a premeditated assault and the injury was not inflicted after any prior preparation. In the facts and circumstances of the case, learned counsel for the accused argued that the case cannot travel beyond Section 304 Part I of the Indian Penal Code. This case is not covered by clause Thirdly to Section 300 of the IPC.

(3.) WE have examined the record. We are of the considered opinion that it was not a case which is covered and governed by clause Thirdly to Section 300 of IPC and it falls in Exception Clause to Section 300 of IPC because there was a sudden quarrel of the relatives where son-in-law has inflicted a single blow on the head of the deceased. Therefore, we are of the opinion that conviction under Section 302 of IPC is not sustained. Hence conviction of the accused under Section 302 of the IPC is set aside. Conviction is ordered under Section 304 Part I of the IPC. The accused is sentenced to undergo rigorous imprisonment for 10 years under Section 304 Part I of the IPC. In addition, he is ordered to pay fine of Rs. 500/-, in default he undergoes simple imprisonment for one month. With the above observations, the appeal is partly allowed.