STATE OF GUJARAT Vs. BHARATKUMAR RAMESHCHANDRA BAROT

JUDGEMENT

(1.) The present appeal is filed by the State under Section 377 of Code of Criminal Procedure, seeking for enhancement of sentence imposed on the respondent-accused as per the judgment dated 04.09.2014 passed in Sessions Case No. 71 of 2012 by the 3rd Additional Sessions Judge, Mehsana sentencing the respondent-accused to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.5000/-, in default, to undergo further rigorous imprisonment for a period of five months for the offence punishable under Section 302 of Indian Penal Code and simple imprisonment for a period of three months and to pay fine of Rs. 500/-, in default simple imprisonment for fifteen days under section 135 of B.P. Act.

(2.) The prosecution case was that the accused was making illicit demands from the mother of the complainant and therefore the father of the complainant had reprimanded the accused. It is the case of the prosecution that on 24.02.2012, at around 08.30 pm a gupti blow was inflicted by the accused on the abdomen of deceased Dilipbhai and also inflicted another blow on his left knee as a result of which he died. A complaint was therefore lodged by the son of the deceased.

(3.) Ms. C.M. Shah, learned advocate appearing for the State has submitted that the trial court erred in not properly appreciating the gravity of the offence committed by the accused while imposing the sentence and thereby committed grave error. She has drawn the attention of this Court to the provisions of Section 302 of Indian Penal Code and submitted that this is a fit case wherein this Court may enhance the sentence imposed. She submitted that in fact the respondent accused has accepted the conviction as no appeal has been filed by him against the conviction.