STATE OF GUJARAT Vs. JAYESHBHAI MANSUKHBHAI MAKWANA

JUDGEMENT

(1.) The State of Gujarat, by way of filing the present appeal, before this Court has questioned the impugned judgment and order dated 07.01.2013 passed by the learned Second Additional District and Sessions Judge, Vadodara in Sessions Case No. 172 of 2009 whereby the original accused has been sentenced to two years rigorous imprisonment and fine of Rs. 1000/-, in default, simple imprisonment for one month for the offence under section 307 of Indian Penal Code. The accused has also been sentenced to one year's rigorous imprisonment and fine of Rs. 500/-, in default, simple imprisonment for one month for the offence under section 498(A) of Indian Penal Code. The trial court granted benefit of set off and directed the sentences to run concurrently. The present appeal is filed for enhancement of the sentence awarded by the trial court.

(2.) It is the case of the prosecution that on 21.06.2009 at about 01.15 am while the complainant was sleeping on her terrace, she was called downstairs by her husband - respondent and when she went downstairs, she was beaten up by her husband. It is the case of the prosecution that the respondent suspected her character and therefore physically and mentally tortured her often. It is the case of the prosecution that the respondent tried to administer some drug in the mouth of the complainant but the complainant tried to resist. The complainant shouted for help, hearing which her daughter came to the room and the respondent ran away.

(3.) Ms. CM Shah, learned APP appearing for the State has submitted that the sentence imposed upon original accused is on lower side and inadequate looking to the gravity of the offence. She submitted that the sentence is required to be enhanced looking to the evidence of witnesses and the documents on record.