Gujarat Court June 1954 Judgments

State Vs. Sagar Bhagwan Harji

Court: Gujarat

Reported in: 1955CriLJ69

Baxi, J.(1) The respondent was tried by the Additional Sessions Judge, Gondal, on a charge Under Section 302, Penal Code, but was convicted under Part I of Section 304, Penal Code, and sentenced to seven years' rigorous imprisonment. This appeal has been preferred by the State against the learned Judge's above order.(2) The facts as found by the learned Judge are ithat the respondent is alleged to have assaulted his elder brother's wife Puri and given her several blows with the flat side of a shovel causing severe Injuries to her resulting in her death. The assault took place on 18-3-53 in a field at about 10 or 11 a. m. and was the result of a dispute between the respondent and the deceased Puri over the boundary of the lands, which were respectively assigned by the respondent's father Harji to the respondent and Puri. The boundaries were demarcated by boundary stones, but the respondent had removed the stones and claimed some portion of the field which was assigned to the deceased Pu...