THE STATE OF GUJARAT Vs. ANOPBHAI MOHANBHAI GOHIL

JUDGEMENT

(1.) THIS appeal under Section 377 of the Code of Criminal Procedure, 1973 is preferred for enhancement of sentence imposed by judgment and order dated 31.1.2006 passed by Additional Sessions Judge, Fast Track Court No. 12, Vadodara, in Sessions Case No. 187 of 2005, whereby the respondent -original accused was convicted for the offence punishable under Section 304, Part -I of the Indian Penal Code and sentenced to suffer rigorous imprisonment of five years and to pay fine of Rs. 500/ -, in default of making payment of fine, the accused shall undergo further simple imprisonment of two months.

(2.) THE facts in brief giving rise to the filing of present appeal are as under:

(3.) ON the other hand, learned counsel for the respondent -accused has contended that so far as imposition of punishment is concerned, learned trial Judge has not committed any error. He also submitted that after considering the evidence on record, the learned trial Judge has imposed proper punishment upon the accused, which cannot be said to be less. He submitted that since it is found by the trial Court that the accused is guilty of culpable homicide, the sentence imposed is proper and from the evidence on record, it cannot be said that the accused has committed an offence under Section 302 of IPC. He, therefore, submitted that considering the overall circumstances of the case, the accused cannot be said to be guilty of offence punishable under Section 302 of IPC and, therefore, present appeal may be dismissed.