STATE OF GUJARAT Vs. MAHMADAKARAM M SHAIKH

JUDGEMENT

(1.) Challenge is made to the judgment and order dated 21.03.1995 rendered by learned Additional Sessions Judge, Surat in Sessions Case No.251 of 1992 in this appeal whereby learned Additional Sessions Judge has been pleased to acquit the accused for the offence punishable under section 302 of IPC and convicted the accused for the offence punishable under section 304, Part-II of IPC and section 135 of the Bombay Police Act and imposed the sentence upon him to undergo rigorous imprisonment for five years and fine of Rs.500/-, in default, simple imprisonment for three months. No separate punishment is imposed for the offence punishable under section 135 of the Bombay Police Act. Learned Additional Sessions Judge also ordered to give set off for the period spent as under trial prisoner by the accused. The complainant has also preferred Criminal Revision Application No.125 of 1995.

(2.) The broad facts of the case are that on 6.8.1992 at about 18.30 hours near Bakra Sheri, Smart Tailor Shop, Sagrampura, Surat, the accused committed breach of the notification issued by the Additional Police Commissioner, Surat by holding the deadly weapon sword in his hand and on the same date and place, the accused abused and upon intervention of other persons, the accused run away and after the period of one hour, the accused came back and inflicted sword blow on stomach of the deceased which was sufficient to cause the death of the deceased and, therefore, the accused was charged for the offence punishable under section 302 of IPC.

(3.) We have heard Mr.L.R.Pujari, learned APP for the State and Mr.Marshal, learned counsel for the respondent - accused.