KANABHAI BHURABHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal has been filed by the appellant under Section 374 of the Criminal Procedure Code, against the judgment and order dated 19.06.2003 passed by learned Additional Sessions Judge, Bhavnagar in Sessions Case No.32 of 1999, whereby the appellant-accused was convicted for the offence under Sections 304(part-II) of the Indian Penal Code (hereinafter referred to as IPC for short) as well as under Section 135 of the B.P.Act. By the impugned judgment, the appellant was sentenced to undergo rigorous imprisonment for a period of seven years as well as simple imprisonment for four months and ordered to pay Rs.100/- fine and in default of payment of fine, further simple imprisonment for a period of seven days.

(2.) The case of the prosecution in short is that on 2.12.1998, at about 12.00(noon), the complainant (who shall be hereinafter referred to as "the deceased") was working in the farm of one Rasikbhai at village-Kumbhara, Taluka:-Botad, Dist.- Bhavnagar. At the relevant point of time, her daughters namely Manju and Rasila were with her. All the abovementioned three persons, belonging to the family of the deceased were at Well situated in the farm and it is alleged in the complaint that the appellant came there alongwith cattle. It is further alleged that after the appellant was given drinking water, he was told to leave the farm with cattle and he started abusing the deceased. It appears that from Exh.35 as well as (FIR and dying declaration) that the appellant was told by the deceased not to abuse her and then appellant gave two stick blows to the deceased, one on the abdomen and another on the back. At that time, the daughter of the deceased tried to intervene, and she had also received one injury. It further appears from the contents of the Exh.35 that the appellant administered threat to kill the deceased. Therefore, the complaint was lodged with the police for the offence punishable under Sections 323, 504, 506(2) of the Indian Penal Code and Section 135 of the B.P.Act.

(3.) At the conclusion of trial and after appreciating the oral as well as documentary evidence, the learned Judge vide impugned judgment, convicted the appellant-accused.