STATE OF GUJARAT Vs. MAFABHAI RAMABHAI PARMAR

JUDGEMENT

(1.) THE present appeal, under Section-377 of the Code of Criminal Procedure, 1973 for enhancement of sentence is directed against the judgment and order of sentence dated 31/3/1999 passed by the Court of learned Judicial Magistrate First Class (SD), Banaskantha at Palanpur in Criminal Case No. 1355 of 1997 whereby the learned JMFC has directed that accused nos. 1, 2 and 4 are directed to pay fine of Rs. 200/- each and in default simple imprisonment of five days for the offence punishable under Sections-324 and 114 of Indian Penal Code whereas acquitted accused no. 3 for the said offences. The learned JMFC also acquitted all the accused persons of the offence punishable under Sections-504 and 323 of the Indian Penal Code and Section-135 of Bombay Police Act giving benefit of doubt.

(2.) THE brief facts of the prosecution case are as under:

(3.) MR. R. C. Kodekar, learned APP contended that the sentence awarded by the learned Judge is highly inadequate and disproportionate to the offence committed by the accused. He submitted that the learned Judge has taken lenient view at the time of awarding sentence. He further submitted that learned Judge has ignored the fact that for the offence under Section-324 of Indian Penal Code maximum punishment is up to three years and fine also and beyond that the learned Judge has awarded only fine and in default simple imprisonment of five days and thereby committed gross error. He submitted that sentence imposed by the learned Judge is on lower side and the same is required to be enhanced. He also submitted that accused no. 1 has assaulted by deadly weapons like dharia and committed injuries on vital part of the body i. e. on head and accused no. 2 had assaulted by stick and therefore looking to the nature of injuries and weapons used in commission of offence, sentence imposed is too much less. He also submitted that the learned Judge has also failed to appreciate that in present case the panch witnesses have turned hostile but so far as the evidence of complainant, it gets corroboration from the evidence of medical officer, and therefore, learned Judge ought to have awarded higher sentence. He therefore submitted that in view of above, the sentence imposed by the learned Judge may be enhanced.