STATE OF GUJARAT Vs. BHIKHAJI CHEHARAJI THAKOR

JUDGEMENT

(1.) Heard Ms. D.S.Pandit, learned APP appearing for the State.

(2.) Present appeal is filed under section 377 of the Code of Criminal Procedure and the appellant State has prayed for enhancement of the sentence imposed by the learned Trial Judge for the offence punishable under section 304 Part II of Indian Penal Code imposing 5 years' rigorous imprisonment to respondent - orig. accused No.1, author of fatal blow, as the same is inadequate and therefore, the appeal may be admitted and an appropriate enhanced punishment may be imposed.

(3.) On careful reading of the judgment under challenge, it is clear that the deceased and the accused No.1 Bhikhaji Chehraji Thakor were serving with one employer master Sammatkhan Nasirkhan Pathan and both were drivers; and there was some exchange of words and a matter of excitement between them, when one had offered tea to the another. At that time, both of them were asked to maintain peace and were separated. It is alleged that thereafter at about 8.00 p.m. again a small quarrel took place and the accused No.1 gave a blow with iron rod, which is popularly known as STomy on the head of the victim-deceased and the victim-deceased sustained injury with the said hard and blunt substance.