STATE OF GUJARAT Vs. ASHOKBHAI ISHWARBHAI PARMAR

JUDGEMENT

(1.) Criminal Appeal No.870 of 2005 is preferred by the State of Gujarat under Section 377 of the Code of Criminal Procedure, 1973 [for short, 'Code, 1973'] against the judgment and order dated 26.08.2004 passed by the learned Additional Sessions Judge, Fast Track Court, Sabarkantha in Sessions Case No.76 of 2004 seeking enhancement of sentence imposed upon respondent - original accused Nos.1 to 3. The learned trial Judge has convicted accused Nos.1 to 3 under Section 304 part-II of the IPC and imposed sentence to undergo RI for 5 years and to pay fine of Rs.500/- or in default to further undergo 2 months RI.

(2.) At the outset, it is reported that the respondents - original accused Nos.1 to 3 have undergone sentence of 5 years pursuant to the above judgment and order of conviction and sentence rendered by the trial court and thereafter they were released from the jail.

(3.) The case of the prosecution, in nutshell, is that PW-3 Sushilaben Chamar, elder sister-in-law [wife of brother of deceased Rameshbhai], and PW-4 Savitaben, wife of the deceased, both were sitting in front yard of house and Sushilaben witnessed the crime. According to complainant, when her younger brother-in-law deceased Rameshbhai was going towards the house, original accused No.6 suddenly started abusing Rameshbhai and asked him as to why he had kept stake of woods in front of his house and the deceased requested her not to use expletives, however, she continued the same and accused No.1 came out of the house with iron pipe and gave a blow on the head of the deceased. Other accused also came there, including accused Nos.3 and 2, who also used wooden logs and sticks and started beating the deceased, other accused are attributed of inflicting injuries by stones / bricks and female accused gave fist and kick blows.