STATE OF GUJARAT Vs. JETHABHAI PUNJABHAI NAWAR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Additional Sessions Judge, Amreli, Camp Rajula (hereinafter referred to as "the trial Court") in Sessions Case No.77/2000 by which the learned trial Court has acquitted the respondent - original accused for the offence punishable under Section 302 of the Indian Penal Code ("IPC" for short) however has convicted him for the offence punishable under Sections 324 and 504 of the IPC and has sentenced him to undergo 2 years Rigorous Imprisonment with a fine of Rs.35,000/ - and in default to undergo further 2 months Simple Imprisonment for the offence punishable under Section 324 of the IPC and to pay a fine of Rs.100/ - under Section 504 of the IPC and in default to undergo one day Simple Imprisonment, the State has preferred the present Appeal challenging the impugned judgment and order of acquittal acquitting the respondent -original accused for the offence punishable under Section 302 of the Indian Penal Code.

(2.) The case of the prosecution in a nutshell is as under;

(3.) Shri K.P. Raval, learned APP appearing on behalf of the State has vehemently submitted that the learned trial Court has materially erred in acquitting the respondent -original accused for the offence punishable under Section 302 of the IPC and has materially erred in convicting the respondent - original accused for the offences punishable under Sections 324 and 504 of the IPC only. It is further submitted that looking to the medical evidence and the injuries sustained by the deceased and the cause of death so mentioned in the Postmortem report and so stated by the Doctor who was examined by the prosecution, the learned trial Court ought to have convicted the respondent -original accused for the offence punishable under Section 302 of the IPC also. It is submitted that acquitting the respondent -original accused for the offence punishable under Section 302 of the IPC and convicting the respondent -original accused for the offence punishable under Sections 324 and 504 only has caused miscarriage of justice. Making the above submissions and relying upon the deposition of the Doctor Popatbhai Naranbhai Bhaliya, who was examined at Exh.13 and even the complaint given by the deceased himself, which can be treated as dying declaration, it is requested to allow the present Appeal and quash and set aside the impugned judgment and order acquitting the respondent -original accused for the offence punishable under Section 302 of the IPC and consequently to hold the respondent -original accused guilty for the offence punishable under Section 302 of the IPC and consequently to impose maximum punishment, more particularly, Life Imprisonment.