STATE OF GUJARAT Vs. VIJAYKUMAR DUHANATH RAY

JUDGEMENT

(1.) THE State has preferred this appeal under Section 377 of the Code of Criminal Procedure, challenging the quantum of punishment awarded by the learned Additional Sessions Judge, Valsad at Navsari, while convicting the respondent under Section 304-Part II of Indian Penal Code by judgment and order dated 6. 12. 1996 in Sessions Case no. 73/1993. The Sessions Court awarded rigorous imprisonment for 5 years and fine of Rs. 500/-, in default to undergo simple imprisonment for 3 months, to the respondent.

(2.) THE appeal is pending since 1997. Attempts to serve the respondent have failed. We have also inquired whether an appeal against acquittal or conviction of the accused had been filed, and it is reported by the Registry that no such appeal is preferred, cognate to the present appeal. Since almost 11 years have passed, we examined the merits of the appeal, to assess whether any fruitful purpose is likely to be served, and having found the answer in negative, we have finally heard and disposed of this appeal.

(3.) THE brief facts of the case are that the respondent has committed an offence punishable under Sections 302, 307 read with Section 34 of the Indian Penal Code, whereby allegedly he caused death of one Nanubhai by inflicting knife blows on chest and left knee, while attempting to murder Varji Rupa Katara by causing injuries with knife. It was the case of the prosecution that the respondent acted with absconding accused Ajaykumar Devsaran.