STATE OF GUJARAT Vs. RAMESHSHCHANDRA TRILIKSING

JUDGEMENT

(1.) BY way of these two different appeals, the State of Gujarat has challenged the adequacy of the sentence imposed by the learned Trial Court for the offences punishable under Sections 304-I read with Section 34 of the IPC against the acquittal of the respondents ­ accused from the charges under Section 302 of the IPC.

(2.) THOUGH , called out for hearing, Mr.B.N.Raval, learned advocate for the respondents is not present. However, the matter is taken up for final hearing with the help of Ms.Jirga Jhaveri, learned APP.

(3.) MS . Jirga Jhaveri, learned APP for the State of Gujarat vehemently submitted that the Trial Court ought not to have acquitted the respondents accused from the charges under Section 302 of the IPC, when the deceased herself has involved the accused persons with specific role attributed by each of the two respondents. She further submitted that there is no inconsistency in the dying declaration in the form of either FIR, history given by her to the medical officer or the dying declaration recorded by the Executive Magistrate, and therefore, the Trial Court ought not to have acquitted the accused for the offences under Section 302 of the IPC. She further submitted that on one hand, the learned Sessions Judge has held that the respondents accused are guilty for the offence punishable under Section 302 of the IPC and on the other hand, the learned Sessions Judge has convicted the respondents accused under Section 304-I of the IPC.