STATE OF GUJARAT Vs. BHAND JUSAB MAMAD

JUDGEMENT

(1.) Both these appeals are directed against the judgment and order of the learned Sessions Judge Jamnagar in Sessions Case No. 47 of 1980 by which he convicted the accused Bhand Jusab Marnad for the affiance punishable under sec. 304 Part I of the Indian Penal Code and sentenced him to R.I. for four years but acquitted him for the original euphonies punishable under sec. 302 of the Indian Penal Code. ... .. ... ... ... ... ...

(2.) Being aggrieved by the acquittal of the accused for the offense punishable under sec. 302 Indian Penal Code the State has come in appeal being Criminal Appeal No. 1369 of 1980 with a grievance that the conviction should have been under sec. 302 of the Indian Penal Code while the accused filed Criminal Appeal No. 409 of 1981 from jail against the order of conviction. We therefore propose to decide both these appeals by this judgment because they are directed against one and the same judgment. ... ... ... ... ... ... ... [His Lordship after discussing the evidence of the case held that the accused has involved in causing murder of the deceased. The appeal of the accused was therefore dismissed.]

(3.) Therefore the appeal filed by the accused being Criminal Appeal No. 409 of 1981 deserves to be dismissed.