PRAVINBHAI KAMALBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SINCE both these appeals arise out of the same judgment and order of conviction and sentence passed by the learned trial Court, these appeals are being decided together by this common judgment.

(2.) CRIMINAL Appeal No. 1164 of 2010 has been filed by the appellant, original accused, against the judgment and order of conviction and sentence dated 14.12.2009, passed by the 5th Additional District and Sessions Judge, Surat, in sessions Case No.167 of 2008, whereby the Trial Court has convicted the present appellant, original accused, for the offence punishable under sections 304 partI of the Indian Penal Code (for short "IPC") and sentenced him to undergo rigorous imprisonment for ten years and fine of Rs.5,000/, in default to pay the fine, he was ordered to undergo rigorous imprisonment for a further period of two and half years. The appellant was also given the benefit of set off.

(3.) A complaint was filed by the complainantIshwarbhai Raviabhai Rathod, inter alia alleging that on 17.04.2008 while appellant herein and his nephewdeceased went to the village for performing religious ceremony i.e. "Babri" of the son of Kantaben, a quarrel took place between them and thereafter, both were returned to their home. However, in the evening again a quarrel took place between them and in the said quarrel the appellant herein sustained injuries. It is the case of the prosecution that on 18.4.2008, in the morning, the accused, appellant herein went to the house of the deceased, in a drunken condition and inflicted a knife blow on the back of the deceased, who was sitting near the house of said Kantaben.