LAWS(GJH)-2015-12-132

STATE OF GUJARAT Vs. SARDARBHAI MAFABHAI VAADI

Decided On December 09, 2015
STATE OF GUJARAT Appellant
V/S
Sardarbhai Mafabhai Vaadi Respondents

JUDGEMENT

(1.) 0. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Principal District Judge, Gandhinagar passed in Sessions Case No. 104 of 2009, by which, the learned trial Court has while convicting the respondent - original accused for the offence punishable under Sec. 304 part I of the Indian Penal Code imposed the sentence of 5 years RI with fine of Rs. 1,000/ - and in default to undergo further 15 days SI, the appellant State of Gujarat has preferred the present Appeal for enhancement of the punishment and sentence imposed by the learned trial Court.

(2.) 0. At the outset, it is required to be noted that as such the conviction by the learned trial Court convicting the original accused for the offence punishable under Sec. 304 Part I of the Indian Penal Code is not challenged by the accused and therefore, it has attained the finality. Under the circumstances, this Court is not required to consider in the present appeal whether the learned trial Court was justified in convicting the accused for the offence punishable under Sec. 304 Part I of the Indian Penal Code or not. Therefore, the only question which is required to be considered by this Court is whether in the facts and circumstances of the case and while convicting the accused for the offence punishable under Sec. 304 Part I of the Indian Penal Code, the learned trial Court is justified in imposing the sentence of 5 years RI with fine of Rs. 1000/ - and in default to undergo further 15 days SI ?

(3.) 0. Shri Hardik Soni, learned Additional Public Prosecutor has vehemently submitted that in the facts and circumstances of the case and the manner in which the offence has been committed by the accused and he killed his wife by knife and the injuries sustained by the deceased which ultimately proved to be fatal, the learned trial Court has materially erred in imposing the sentence of five years RI only.