THE STATE OF GUJARAT Vs. PRAVINSINH DHIRUBHA JADENA

JUDGEMENT

(1.) Both these appeals arise out of the judgment and order dated 28 -4 -2005 passed by the learned Additional Sessions Judge(Fast Track Court No. 4), Bhuj at Kachchh, in Sessions Case No. 51 of 2002 whereby the original accused was convicted and sentenced to undergo RI for two and half years and fine of Rs. 25,000/ -, in default, to suffer further SI for 12 months for the offence punishable under Sec. 304 -II of IPC, and SI for four months for the offence punishable under Sec. 309 of IPC. An amount of Rs. 20,000/ - out of the amount of fine to be paid by the accused was ordered to be paid to father of the deceased Sonal as compensation. Criminal Appeal No. 1594 of 2005 has been filed by the State for acquittal of the accused for the offence punishable under Ss. 302 and 307 of IPC while Criminal Appeal No. 1595 of 2005 has also been filed by the State for enhancement of sentence imposed under Sec. 304 -II of IPC.

(2.) Short facts of the prosecution case are that on 25 -6 -2002 at 8.30 hours, the accused, who then just completed 19 years, keeping grudge of the complaint made to the Principal orally by the deceased Sonal as well as injured Munira Shabirbhai Vora and Hetalben Devji Umaraniya, who studied together in the same school, entered into Class -12B Commerce of R.D. High School, Mundra, armed with gupti and by closing the door from inside, caused fatal injuries to the deceased Sonal and injuries to P.W. No. 2 -Munira Shabirbhai Vora and P.W. No. 3 -Hetalben Devji Umaraniya. A complaint was therefore filed for the offence punishable under Ss. 307, 302 and 309 of the Indian Penal Code ('IPC' for short) against the accused. Upon filing of the complaint, police started investigation and at the end of investigation, charge sheet was filed before the Court of learned Judicial Magistrate First Class.

(3.) Heard learned Additional Public Prosecutor, Ms. C.M. Shah for the State, learned advocate, Mr. J.M. Thakkar for Mr. Y.S. Lakhani, learned Senior Advocate, for the original complainant and learned advocate, Mr. Krunal Shahid for Mr. K.B. Anandjiwala, learned Senior Advocate, for the accused in both the appeals.