PATEL NANU BHAGWAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.K.V.Pandya, learned Advocate for the appellant and Ms.Pandit, learned A.P.P. for the respondent-State.

(2.) The appellant has challenged the legality and validity of the judgment and order of conviction and sentence passed by the learned Joint District & Additional Sessions Judge, 7th Fast Track Court, Veraval, passed in Sessions Case No.152 of 1999 on 19th August, 2004. The appellant-accused alongwith original accused No.2 were charged and tried for the offence punishable under Sections 451, 452, 307 and 398 of the Indian Penal Code and wherein at the end of trial, the learned Judge was pleased to acquit the original accused No.2 from the charges levelled against him and sentenced the appellant-accused No.1 as under:

(3.) After some deliberation and going through the evidence of some of the witnesses, mainly the Prosecution Witness No.2-Jayaben w/o. Bhanubhai Gokal, who has been examined at Exh.10, Mr.Pandya, learned Advocate for the appellant has submitted that conviction recorded by the learned trial Judge for the offence punishable under Sections 451, 452 and 307 is not assailable on merits because the learned trial Judge has assigned good and sound reasons. However, he has submitted that quantum of punishment for the offence punishable under Section 307 is comparatively harsh. In such or similar cases normally the punishment of either three to five years would be adequate punishment.