PARSHOTAMBHAI AMTHABHAI NAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 1. Criminal Appeal No. 1141 of 2006 came to be preferred by the appellant, who was original accused in Sessions Case No. 156/1995, against judgment and order dated 18/4/2006 rendered by the Ld. Presiding Officer, 7th Fast Track Court, Palanpur, [for short 'ld. Trial Judge'] in the aforesaid Sessions Case convicting the appellant accused for the offences punishable under section 326 of the Indian Penal Code [ipc] and under section 135 of the Bombay Police Act [bp Act] and awarding sentence of rigorous imprisonment [ri] for 5 years and fine of Rs. 3,000/-, in default to further undergo simple imprisonment for 3 months for offence punishable under section 326 of the IPC and fine of Rs. 500/- and in default of payment of fine, to undergo simple imprisonment for one month for the offence punishable under section 135 of the BP Act. Feeling aggrieved and dissatisfied with the order of conviction recorded by the Ld. Trial Judge, the original accused preferred this appeal.

(2.) HOWEVER, Criminal Appeal No. 1582 of 2006 came to be preferred by the State of Gujarat under section 377 of the Code of Criminal Procedure [cr. P. C] requesting that the sentence awarded by the Ld. Trial Judge is very lenient and deserves to be enhanced.

(3.) THE prosecution case, in nut shell, is as under :-