SHANABHAI DHULABHAI VAGHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has filed the present appeal against the judgement and order passed by learned Additional Sessions Judge, Bharuch, on 30. 5. 2002 in Sessions Case No. 101 of 2001. The learned trial Judge by the said judgement has convicted the accused under Section 302 of IPC and sentenced him to undergo imprisonment for life and fine of Rs. 1000/-, in default thereof, rigorous imprisonment for two months.

(2.) THE facts as stated in this case relating to the incident and the nature of offence are that according to prosecution there was some dispute about construction of wall on the land of the uncle of the deceased and accused who are real brothers. According to the complainant " Jasodaben, on this altercation the accused assaulted the deceased with bricks and wooden plank. This has also come on record that the deceased at the time of the incident was under the influence of alcohol. Earlier the deceased had tried to molest the wife of the accused.

(3.) THERE is serious head injury sustained by the accused himself in the incident and he was referred and transferred to Baroda Hospital. Head injury was also sustained by the accused at the hands of the deceased by axe.