MEMON JUMA UMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No. 433 of 1987 is filed by the original accused against the judgment of conviction, and Criminal Appeal No. 581 of 1987 filed by the State is for enhancement of sentence, passed by the Sessions Judge, Amreli in Sessions Case No. 26 of 1985 dated 16/5/1987.

(2.) LEARNED counsel Mr. Shah in Criminal Appeal No. 433 of 1987 submits that it is a case of free fight wherein both the parties sustained injuries and an accused of opposite party Ravjibhai Arjanbhai has been killed by sharp cutting weapon. Since it was a case of free fight Sessions Judge awarded sentence under section 326 and 323 of I.P. Code with other sections which are of lower magnitute and submits that at this distance of time the sentence already undergone by the accused may be treated as sufficient and substantive but the fine may be enhanced. Learned APP however submits that the sentence be enhanced as the accused have committed serious offence and one person has lost his life.

(3.) HEARD learned counsels for the parties. We are of the opinion that at this distance of time when the occurrence had taken place in year 1985 it would not be appropriate to send the accused behind the bars. Thus the sentence already undergone by the accused are considered to be sufficeint and substantive sentence. However the accused are saddled with fine of Rs.2,500=00 each. In case of fine is not deposited, for default further sentence will be awarded, on being notified to us. Criminal Appeal No. 433 of 1987 filed by the accused is dismissed for the reasons that the nature of weapons as used in a case where both the parites entangled in fight were prosecuted by each other, a higher offence is not reasonably seem to be made out. However the appellants/accused shall pay the fine as above within a period of six weeks. Bail bonds stand cancelled.