BABUBHAI KAMJIBHAI PARGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present Criminal Appeal under section 374 of the Code of Criminal Procedure, the appellant herein - original accused seeks to challenge the judgement and order of conviction and sentence passed by the 7th Additional Sessions Judge, Panchmahals at Godhara in Sessions Case No.205 of 2013 dated 31/03/2014. The Sessions Judge convicted the appellant - original accused for the offence punishable under section 302 of Indian Penal Code. The appellant is sentenced to undergo life imprisonment with fine of Rs.10,000/- and in default, sentenced to undergo further Simple Imprisonment for a period of one year. The learned Sessions Judge granted benefit of set off under section 428 of the Code of Criminal Procedure.

(2.) The case of the prosecution, in nutshell is as under:-

(3.) Mr.Aftabhusen Ansari, the learned counsel appearing for the appellant - original accused has vehemently submitted that the Sessions Court erred in convicting the appellant for the offence punishable under section 302 of IPC. He submitted that the conviction is against the evidence on record, the provisions of law and settled legal principles. He submitted that the trial court failed to appreciate that the case against the appellant is not proved beyond reasonable doubt. He further submitted that it is a case of one blow hit by the accused on the head of the deceased. He submitted that the incident had taken place in the heat of moment. There was no premeditation on the part of the accused. He submitted that there was no intention on the part of the accused to kill the deceased. He submitted that even if the allegations levelled against the appellant are accepted in toto, then also the motive to kill the deceased is absolutely absent. He submitted that the case would not fall under section 302, but, at the best would fall under section 304 part-II of IPC. He submitted that therefore, the trial court has erred in convicting the appellant for the offence punishable under section 302 of IPC and imposing life imprisonment. He submitted that therefore, at the best the appellant may be convicted for the offence under section 304 Part-II. Hence made a fervent appeal to reduce the sentence from life imprisonment to the period already undergone by the appellant.