STATE OF GUJARAT Vs. MULU

JUDGEMENT

(1.) HEARD learned Additional Public Prosecutor Mr. L.R. Pujari for the appellant - State. Learned Additional Public Prosecutor Mr. L.R. Pujari states that the respondent - accused is absconding and is not available at the given address. However, considering the law on the issue as declared by this Court, the present Appeal is decided on merits.

(2.) BY way of these Appeals for enhancement, the Appellant - State has challenged the judgment and order of conviction and sentence dated 29.12.2009 passed by the learned Judicial Magistrate First Class, Khambaliya, District Jamnagar in Criminal Case No. 736/2008 and the judgment and order of conviction and sentence dated 30.07.2011 of the learned 4th Additional Sessions Judge, Khambaliya, Jamnagar in Criminal Appeal No. 10/2011 whereby the accused therein were awarded the following sentence: -

(3.) LEARNED Additional Public Prosecutor Mr. L.R. Pujari has submitted that the learned Judge has erred in reducing the sentence from 3 years simple imprisonment to 2.5 years simple imprisonment for the offences under Sections 467, 468, 471, 472 and 420 of the Indian Penal Code. He further submitted that the learned Judge has failed to appreciate that so far offence under Section 467 of the Indian Penal Code is concerned, it provides for life imprisonment or upto 10 years and fine, whereas qua the offence under Sections 420 and 468 of the Indian Penal Code, it provides for sentence upto seven years and fine and similarly for the offence under Section 472 of the Indian Penal Code, it provides for life imprisonment or upto seven years has been prescribed. It is also submitted that the learned Judge has failed to appreciate the gravity and seriousness of the offence and thereby has taken a lenient view while reducing the sentence. Considering the above, it is submitted that this is a fit case which requires interference of this Court and the judgment and order of the learned Judge be upturned.