RAMANJEE 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 21.07.2011 passed by the learned Additional District and Sessions Judge, Himmatnagar Camp at Idar in Sessions Case No. 33/2010 whereby the accused was convicted for the offence punishable under Sec. 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - and in default of payment of fine, simple imprisonment for a further period of six months. The accused was also convicted for the offence punishable under Sec. 135 of the Bombay Police Act and was sentenced to undergo rigorous imprisonment for four months and fine of Rs. 100/=, and in default of payment of fine, simple imprisonment for 7 days. Both the sentences were ordered to run concurrently and the accused was given the benefit of set off for the period of imprisonment in jail.

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

(3.) Learned Advocate for the accused Mr. P.S. Chaudhary has taken this Court to the medical evidence and has argued on the aspect of charge. It is further submitted that the incident happened of all a sudden and in a spur of the moment and there was no pre -planned motive. It is further submitted that the accused at that juncture, was not aware that this act of his pushing the deceased and later inflicting blows would cause his death. Considering the time that has elapsed and the unintended act of the accused as stated above, it is submitted that this Court may show mercy to the accused and also convert the conviction of the accused to Sec. 304 Part I of the Indian Penal Code.