KALAJI ALIAS PRAHLADJI KESHAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 1045 has been filed by the original accused, who is convicted for the offence under Sec. 304 Part II of the Indian Penal Code and sentenced to six months R.I. and a fine of Rs. 250.00 in default, one month R I. by the learned Additional Sessions Judge, Narol by order dated 31/08/1982 in Sessions Case No. 35 of 1982.

(2.) The State has filed the appeal under Sec. 377 of the Criminal Procedure Code for enhancement of sentence against the said accused.

(3.) The present appellant accused was charged with one another accused Darji Chunilal Jivram for the offence under Sec. 304 read with Sec. 34 of the Indian Penal Code on the allegation that on 17th Aug. 1981 at about 2-30 p.m. at village Hansalpur, Tal. Viramgam, Dist. Ahmedabad, both the accused committed homicide not amounting to murder, causing death of Patel Natwarbhai Kanjibhai of the same village and that the same offence was committed in furtherance of the common intention of both the accused and thereby committed offence punishable under Sec. 304 read with Sec. 34 of I. P. C.