STATE OF GUJARAT Vs. AJAY @ ARJAN DAYABHAI PARMAR

JUDGEMENT

(1.) THIS appeal is filed by the State, seeking enhancement of sentence awarded by the Trial Court in the impugned judgment dated 15.04.2011. The respondent accused was charged with offence punishable under Section 302 of Indian Penal Code. The learned Trial Judge however convicted him for offences under Section 304 PartI and sentenced him to rigorous imprisonment of 7 years and also awarded fine of Rs.25000/. The accused has not challenged his conviction. Likewise, the State has not challenged acquittal of the accused for the offences under Section 302 of the Indian Penal Code. Under the circumstances, this appeal is concerned with the sentence awarded for the convicted accused for offences under Section 304 PartI, Indian Penal Code. Despite no challenge to the conviction by the accused, looking to the wide powers of the High Court and corresponding duty in appeal for enhancement of the sentence, we have also perused the evidence from the angle of correctness of the conviction.

(2.) BRIEFLY stated, the prosecution version was that on 28.03.2008, in the evening hours deceased Jitendra Makwana was standing with his friend Mukesh Babariya near Aashapura Pan Center when the accused Ajay Parmar was passing by in his autorickshaw. Deceased Jitendra and the autorickshaw driver had an argument which led to a fight. The rickshaw driver went away and came back few minutes later, once again picked up the quarrel. Jitendra sat in his autorickshaw which the autorickshaw driver drove away at a little distance. Near a Masjid, he stopped the autorickshaw and assaulted Jitendra several times with a knife causing his death.

(3.) PW 1 Mahesh Makwana Exh.26 was the brother of deceased Jitendra. He had lodged the FIR. He was informed on telephone about the incident. He therefore rushed to the spot, found his brother in a pool of blood. He carried his brother in a rickshaw to a hospital. The private doctor advised him to take the injured to the Civil Hospital where he was declared dead. He filed FIR which was produced at Exh.27.