GALABHAI MELABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order passed in Sessions Case No.112 of 2007 by the learned Addl.Sessions Judge & Presiding Officer, FTC, Valsad, dated 27.3.2009 recording the conviction of the appellant-accused for the offence under Sections 395 of IP Code, imposing the sentence of rigorous imprisonment for 6 years and fine of Rs.1,000/-, in default to undergo further rigorous imprisonment for four months.

(2.) Learned advocate Ms.Sadhana Sagar appearing the appellant-accused does not press on merits the impugned judgment and order with a request that only the aspect of sentence may be considered, as other co-accused with the similar role has been convicted and sentenced to undergo imprisonment for 5 years whereas the present appellant-accused has been awarded rigorous imprisonment of 6 years, only on the ground that he was absconding for some time which has been discussed in para 36 of the judgment. She therefore, submitted that considering the nature of offence and the role stated in detail in the judgment when the other co-accused has been awarded rigorous imprisonment for 5 years, the present appellant-accused may also be awarded the same sentence instead of rigorous imprisonment for 6 years and to that extent, it may be modified.

(3.) Learned APP Mr.Pujari has pointedly referred to the observations in para 36 of the judgment as to the fact that the appellant - accused was absconding and therefore, a higher punishment has been awarded.