MAHINDRA MULJI KERAI PATEL

v.

STATE OF GUJARAT

(Criminal Appeal No. 925 of 2001)

OCTOBER 14, 2008

[DR. ARIJIT PASAYAT AND C. K. THAKKER, JJ.]

The Judgment of the Court was delivered by

DR. ARIJIT PASAYAT, J. 1. Challenge in this appeal is to the

judgment of a Division Bench of the Gujarat High Court. The

appellant faced trial for offence punishable under Sections 302, 307

and 506 (2) of Indian Penal Code, 1860 (in short ‚IPC‘) for having

caused homicidal death of one Kunverba Kanji (hereinafter referred

to as the ‚deceased‘) and causing injuries to Jasuben Premji, the

complainant. The occurence took place on 18.12.1989 at about 7

p.m. The background of the occurence was that the appellant was

supposedly in love with the grand-daughter of the deceased i.e. the

daughter of the complainant Jasuben Premji. As the two ladies

objected to the proposal of marriage given by the accused, he took

out his anger on the two ladies and took the life of one and caused

serious injuries to the other. After investigation, the Investigating

Officer filed charge sheet, the trial was held as the accused pleaded

innocence. Learned Additional Sessions Judge, Kutch at Bhuj was o