JAGANNATH SENPADUM DEVARE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this Appeal, the Appellant accused has felt aggrieved by the judgment and order of conviction and sentence dated 04.06.2012 passed by the learned 4th (Ad -hoc) Additional Sessions Judge, Surat, in Sessions Case No. 202/2010 whereby the appellant accused was convicted for the offence punishable under Sec. 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life. The accused was given set off for the period undergone in jail.

(2.) The case of the prosecution in brief is as under: - -

(3.) Learned Advocate for the appellant accused Mr. Gajendra P. Baghel has argued qua the sentence of the accused in view of the two dying declarations recorded. It is further submitted that there was no motive on part of the accused to commit the crime and the accused may be granted the benefit of the decision rendered in the case of B.N. Kavatakar and another v/s. State of Karnataka [1994 Supp (1) SCC 304] and the sentence of the accused be converted from Sec. 302 of the Indian Penal Code to Sec. 304 Part II of the Indian Penal Code.