STATE OF GUJARAT Vs. CHANDUBHAI MEGHJIBHAI KATESIYA

JUDGEMENT

(1.) The accused has been found guilty of commission of offence under Section 304 (Part II) of Indian Penal Code and has been awarded rigorous imprisonment for five years & fine of Rs. 5000/-, in default, simple imprisonment for five months by learned Principal Sessions Judge, Rajkot vide judgement and order dated 30.07.2011 passed in Sessions Case No. 70 of 2008. The accused was however acquitted under sections 498(A) and 302 of Indian Penal Code.

(2.) The gist of the prosecution story is mentioned hereinbelow:-

(3.) Mr. Pujari, learned advocate appearing for the appellant State submitted that looking to the evidence on record, this is a case where the trial court has not given any special reasons for imposing lesser sentence upon the accused. He submitted that the prosecution has successfully proved the case against the accused and yet the Sessions Court has passed the sentence which does not commensurate the gravity of the offence. Mr. Pujari has submitted that therefore the Sessions Court has manifestly erred in awarding grossly disproportionate sentence looking to the nature of the offences in which the accused person is involved.