STATE OF GUJARAT Vs. MANJUBEN KANTIBHAI NAYAK

JUDGEMENT

(1.) Heard learned Additional Public Prosecutor Ms. C.M. Shah for the appellant State and learned Advocate Mr. Pratik B. Barot for the respondent.

(2.) By way of this Appeal, the Appellant State has felt aggrieved by the judgment and order of conviction and sentence dated 29.01.1997 of the learned Additional Sessions Judge, Valsad at Navsari in Sessions Case No.26/1996 whereby under Section 304 (II) of the Indian Penal code, the respondent herein was sentenced to undergo rigorous imprisonment for four years and fine of Rs.200/= and in default simple imprisonment for one month.

(3.) The case in brief and the incident which occurred on 22.12.1995 are as under :-