STATE OF GUJARAT Vs. SUBHASHBHAI AMTHABAHI CHAUDHARY

JUDGEMENT

(1.) Present appeals, filed by the State, are directed against the judgment and order dated 27/03/1998 passed by the learned Additional Sessions Judge, Valsad at Navsari in Sessions Case No. 48 of 1997, whereby the accused has been convicted for the offence punishable under Section 304(II) of the Indian Penal Code (for brevity, 'the IPC') and awarded five years' rigorous imprisonment and a fine of Rs.100/ and in default of payment of fine, further to undergo simple imprisonment for one month, whereas, acquitted the accused of the charges levelled against him for the offence punishable under Section 302 of the IPC. Accordingly, the State has preferred these appeals respectively for enhancement of sentence as well as against acquittal.

(2.) The brief facts of the prosecution case are that on 08/01/1997 at about 09:30 p.m. deceased Sampat and accused Subhash quarrelled on the count of climbing on the Sapota (Chikoo) tree and the accused, out of anger, assaulted the deceased with wooden log. On the next day, the deceased found dead and accordingly, complaint for the alleged offence punishable under Sections 302 of the IPC and Section 135 of the Bombay Police Act came to be registered against the accused.

(3.) We have heard Ms. C. M. Shah, learned advocate for the appellant State as well as Mr. Ekant Ahuja, learned advocate for the respondent accused.