STATE OF GUJARAT Vs. RAMANBHAI BHEMABHAI RAVAL

JUDGEMENT

(1.) The State of Gujarat, by way of filing both the appeals, before this Court has questioned the impugned judgment and order dated 17.02.2004 passed by the learned Additional Sessions Judge, Fast Track Court No. 4, Panchmahal at Godhra in Sessions Case No. 334 of 2003 whereby the original accused has been sentenced to rigorous imprisonment for five years and fine of Rs. 500/-, in default, simple imprisonment for one month for the offence under section 304(Part II) of Indian Penal Code. Criminal Appeal No. 778 of 2004 is filed for enhancement of the sentence awarded by the trial court whereas Criminal Appeal No. 2031 of 2004 is filed against the acquittal recorded under Section 302 of Indian Penal Code.

(2.) The prosecution case is that on 31.08.2003 the accused started abusing the complainant as she had tied cow on public way. The complainant thereafter tied the cow besides her house. It is the case of the prosecution that however, the accused extracted iron kosh which was buried in the soil for the purpose of tying the cow and again started altercation with the complainant. The husband of complainant - deceased intervened and he was given 2-3 blows by iron kosh on the chest. The deceased succumbed to the injuries. A complaint was lodged by the complainant. Investigation was initiated.

(3.) Mr. H.S. Soni, learned advocate appearing for the State has submitted that the trial court erred in not properly appreciating the gravity of the offence committed by the accused while imposing the sentence and thereby committed grave error. He has drawn the attention of this Court to the provisions of Section 304 (Part II) of Indian Penal Code and submitted that this is a fit case wherein this Court may enhance the sentence imposed. He submitted that in fact the respondent - accused has accepted the conviction as no appeal has been filed by him against the conviction.