KANTIBHAI DALSUKHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 217 of 1975 has been filed under section 2 of the Supreme court (Enlargement of Criminal Appellate jurisdiction) Act. The appellant in this case was convicted by the trial court under S. 304 (1) Indian Penal Code and sentenced to seven years' rigorous imprisonment. The State filed an appeal against the acquittal of the appellant under S. 302 and the High court in appeal reversed the acquittal and convicted this appellant under S. 302 to imprisonment for life.

(2.) Criminal Appeal No. 353 of 1975 also arises out of the same case in which the trial court convicted the appellant K. D. Patel who was A-1 before the trial court under S. 302 and sentenced him to imprisonment for life. The High court in appeal affirmed the conviction and sentence passed by the trial court. As however the appeal of V. D. Patel (A-2) before the trial court had been admitted by this court, special leave was granted to A-1, K. D. Patel also.

(3.) We have heard counsel for the parties and have also gone through the records.