STATE OF GUJARAT Vs. DHARMENDRA

JUDGEMENT

(1.) HEARD learned Additional Public Prosecutor Mr. L.R. Pujari for the State and learned Advocate Mr. Chetan B. Raval for the accused.

(2.) CRIMINAL Appeal No. 429/2012 is the Appeal for Enhancement preferred by the Appellant - State being aggrieved by the judgment and order dated 22.02.2012 of the learned Additional Sessions Judge, A'bad (Rural), Mirzapur in Special Atrocity Case No. 37/2008 whereby the respondent herein was convicted and sentenced as under: -

(3.) WITH regard to Criminal Appeal No. 429/2012, learned Additional Public Prosecutor Mr. L.R. Pujari has submitted that the order of sentence passed by the learned Judge for the offences punishable under Sections 307 and 294(b) of the Indian Penal Code is too lenient. The learned Judge has erred in imposing the simple imprisonment as stated above. It is further submitted that the learned Judge ought to have appreciated the evidence of the prosecution witnesses, i.e. Babubhai Lavjibhai at Exhibit 23 and Baluben Bhikhabhai at Exhibit 24. Both these witnesses have stated in detail about the entire incident and also the repeated blows of gupti inflicted by the accused on the vital parts of the body. It is also submitted that the learned Judge has failed to appreciate that young age and poor condition of the accused as well as not having any criminal antecedents are not the grounds for imposing lesser sentence. Considering the above, it is submitted that this is a fit case which requires the interference of this Court and the judgment and order of the learned Additional Sessions Judge, A'bad (Rural), Mirzapur requires to be upturned.