STATE OF GUJARAT Vs. UDESINGH UMEDSINGH @ MEDANSINGH BHADORIYA

JUDGEMENT

(1.) Both these appeals have been preferred by State against the said judgement and order dated 25.11.1994 passed by the Additional City Sessions Judge, Court No. 14, Ahmedabad in Sessions Case No. 233 of 1993. Criminal Appeal No. 197 of 1995 is filed seeking enhancement of the sentence imposed upon the accused no. 1 under section 304 (Part I) of Indian Penal Code. The original accused no. 1 is sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs. 500/-, in default, rigorous imprisonment for one month under section 376 of IPC. Criminal Appeal No. 198 of 1995 has been filed against the acquittal of the accused no. 1 & 2 under Section 302 of Indian Penal Code.

(2.) It is required to be noted that the paper book is not ready and therefore we have called upon the R & P and we have perused the same. On a perusal of records, it is borne out that the appeal filed by the accused Udesingh Umedsingh had become academic as the accused had already undergone the sentence imposed upon him. In that view of the matter, Criminal Appeal No. 1116 of 1994 was disposed of as having become infructuous by this Court vide order dated 04.05.2015.

(3.) It is the case of the prosecution that on 17.05.1993 the deceased and accused persons had a verbal argument.