PRAVINBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant has challenged the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.11, Rajkot, dated 17.08.2007, whereby, the appellant herein, original accused, has been convicted for life imprisonment for the offence punishable u/s.302 of the Indian Penal Code (for short, "the IPC") and fine of Rs.1,000/, in default of payment of fine, the appellant shall undergo further sentence of simple imprisonment for three months. The appellant has been given the benefit of set off.

(2.) THE brief facts of the case are that on 04.06.2006 at about 13 to 20 hours the complainantMahendra Dhanbahadur Punj received information from one Maganbhai Patel, who has been assigned duty as ASI in Government Hospital, that one Kajalben wife of Pravinbhai has been admitted in the hospital as her husband Pravinbhai Makwana, appellant herein, had inflicted scissor blows on her head, stomach, neck, left hand. Thereafter, at about 11 hours she died. It is alleged that when the complaint admitted in the Hospital she gave her dying declaration before the Police Officer in the presence of doctor and told that her husband had inflicted scissor blows on her. It is further alleged that after completing necessary procedure, the complaint has been filed by the complainant.

(3.) LEARNED counsel for the appellant has contended that the incident in question had happened in a spur of the moment. He further submitted that the appellant did not intend to kill the deceased or to cause such grievous injury which shall lead to his death. Therefore, he submitted that the case of the appellant may be considered under section 304 part I of the Indian Penal Code.