A C GOVIND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The murder in question was committed on the morning of 19/12/1980 while the deceased was proceeding towards Hari- janvas. On the previous day there was a quarrel between the accused and the deceased. The deceased had demanded Rs. 4.00 from the accused which amount the latter refused to pay. On the next day in broad day light on the main road when the deceased was proceeding to Harijanvas the accused-appellant gave two blows on his head from behind and killed the deceased. The evidence of P.W. 1 Dr. Vekaria shows that he had the following two injuries when he was examined immediately after the inci- dent at about 10.50 A.M.

(2.) On merits there is the direct testimony of three independent eye- witnesses; Tapumia Exhibit 7; Mashri Ramji Exhibit 8: and Mamad Hasan Exhibit 9. All the three witnesses have completely supported the prosecution case and no serious infirmity has been brought out in their cross-examination to doubt their testimony. Their evidence is consistent with the medical evidence. In addition there is the evidence regarding the extra-judicial confession made by the accused on the same day. The axe used for the commission of the crime was found from the Wadi at the instance of the accused and it was stained with human blood of the group of the deceased. Therefore on merits we do not see any substance in this appeal.

(3.) However on the question of sentence we admit this appeal. Mr. M. A. Trivedi the learned Public Prosecutor waives service of notice. The learned Sessions Judge has rightly convicted the accused under sec. 302 of the Indian Penal Code. He has however sentenced the accused to suffer imprisonment for life and to pay a fine of Rs. 1 0 in default to suffer rigorous imprisonment for six months. Of late we have been corning across cases where while convicting the accused for murder and sentencing him to imprisonment for life the Court also imposes a sentence of fine and directs the accused to suffer a further term of imprisonment in default of fine. Sec. 302 of the Indian Penal Code provides that who- ever commits murder shall be punished with death or imprisonment for life and shall also be liable to fine. We do not know if the Court imposes a sentence of fine even in cases where the accused is sentenced to imprisonment for life for the commission of murder because of the use of the conjunction and between the expressionsimprisonment for life and shall also liable to fine. If that be so we would like to make it clear that the section does not make it imperative to impose a sentence of fine where an accused is convicted under sec. 302 of the Indian Penal Code and is sentenced to imprisonment for life.