PRAVINBHAI @ BHOLKO PRABHATBHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Previously, the matter came up for hearing of suspension of sentence on 08.03.2019. At that time, learned advocate Mr. B. S. Jebaliya on behalf of learned advocate Mr. Sandeep Patel for the appellant pointed out that this was an unfortunate incident between two real brothers who belong to lower strata of the society. He also pointed out that both the brothers took the loan of about Rs.20,000/- from Sakhi Mandal and there was monthly installment of Rs.1500/-. He further pointed out that since it was not possible to pay the installment, the amount was borrowed by them from maternal aunty and the deceased - victim - real brother of the appellant took the custody of the amount, due to which, there was heated exchange of words and on spur of the moment, there was a quarrel and the blow of wooden stick which was lying in the room was given to the deceased by the present appellant. The deceased succumbed to the injuries and died. He pointed out that indisputably, there was no intention to kill and even that finding is also recorded by the learned trial court. In that view of the matter, he requested the court to consider the matter and reduce the sentence.

(2.) In pursuance of aforesaid submissions, this Court on 08.03.2019 passed following order:-

(3.) Today, at the request of learned advocates for the respective parties, since the paper-book is ready, the matter is taken up for final hearing.