STATE OF GUJARAT Vs. RAJENDRAKUMAR BAUBHAI DHOBI

JUDGEMENT

(1.) These two appeals arise out of the same judgment and order dated 25-2-1994 passed by the learned Additional Sessions Judge, Mehsana, in Sessions Case No.196 of 1993 whereby the original accused was convicted and sentenced to undergo RI for seven years with fine of Rs.2,000/-, in default, to suffer further RI for six months for the offence punishable under section 304 Part-I of Indian Penal Code (hereinafter referred to as "IPC" for short). He was however acquitted for the offences charged under section 302 of IPC. Criminal Appeal No.675 of 1994 has been filed by the State for enhancement of sentence while Criminal Appeal No.404 of 1994 has been filed by the original accused against his conviction for the offence punishable under Section 304 Part-I of IPC.

(2.) Short facts of the prosecution case are that a complaint was lodged by the complainant Jivabhai Hemabhai that on 29-4-1993 at about 12.30 in the afternoon at Village Valam, Taluka Visnagar, District Mehsana, when the accused entered near the house of Babubhai Patel, his cousin Haribhai Savjibhai and complainant met him. There were dispute between the accused and the deceased about recovery of outstanding amount. At that time, accused took out Rampuri knife from his pocket and inflicted Haribhai Savjibhai first on the neck and also on other vital part of the body of the deceased as result of which, Haribhai fell down and succumbed to the injuries. Upon filing of the complaint, the police started investigation and at the end of investigation, charge sheet was filed before the Court of learned Judicial Magistrate First Class, Visnagar.

(3.) Heard learned APP, Ms.C.M.Shah for the State and learned advocate, Mr. Bharat K.Dave for the original accused.