LAWS(GJH)-2015-8-41

STATE OF GUJARAT Vs. PRAKASHDAS GORDHANDAS RAMAVAT

Decided On August 28, 2015
STATE OF GUJARAT Appellant
V/S
Prakashdas Gordhandas Ramavat Respondents

JUDGEMENT

(1.) THIS appeal under Section 377 of the Code of Criminal Procedure, 1973 is preferred for enhancement of sentence imposed by judgment and order dated 11.8.2010 passed by the learned 6th Additional Sessions Judge, Rajkot, in Sessions Case No. 121 of 2009, whereby the respondent -original accused was convicted for the offence punishable under Section 326 of the Indian Penal Code and sentenced to suffer rigorous imprisonment of six years and fine of Rs. 5,000/ -, in default of making payment of fine, the accused shall undergo further simple imprisonment of six months. For the offence punishable under Section 504 of IPC, the accused was sentenced to suffer simple imprisonment of six months and for the offence punishable under Section 188 of IPC, he was sentenced to suffer simple imprisonment of one month.

(2.) THE facts in brief giving rise to the filing of present appeal are as under:

(3.) ON the other hand, learned counsel for the respondent -accused has contended that so far as imposition of punishment is concerned, learned trial Judge has not committed any error. He also submitted that it has come on record that the occurrence took place on 23.4.2009 and the deceased died on 9.5.2009 i.e. 16 days after the incident and the cause of death as stated by the doctor is septicemia. He, therefore, submitted that the learned trial Judge has rightly convicted the accused for offence under Section 326 of IPC and the sentence imposed upon the accused cannot be said to be less in view of the aforesaid fact. In support of his submission, he has relied upon the decision of the Honourable Apex Court in B.N. Kavatakar and another v. State of Karnataka [1994 Supp (1) SCC 304]. He, therefore, submitted that this Court may not interfere with the impugned judgment and the appeal may be dismissed.