STATE OF GUJARAT Vs. RAMESHBHAI SHANKARBHAI PATEL

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 21-2-1998 passed by the learned Additional Sessions Judge, Valsad at Navsari, in Sessions Case No.127 of 1996 whereby the original accused was convicted and sentenced to undergo RI for thirtysix months and fine of Rs.500/-, in default, to suffer further SI for three months for the offence punishable under section 304 Part-II of IPC. This appeal has been filed by the appellant-State for enhancement of sentence imposed on the accused.

(2.) Short facts of the prosecution case are that on 21-4-1996 at about 9.30 p.m. in Village Fansa, the accused demanded money from his mother Chandiben when she was cooking food in the kitchen and when she refused, he beat her and as the complainant scolded the accused, the accused inflicted injury on the complainant also. However, Chandiben died due to suffocation. A complaint was, therefore, filed 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 and learned advocate, Mr. P.V. Patadiya for the accused.