SWARUPDAS DHIRAJDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No. 632/1988 is preferred by original accused nos. 1 and 2 challenging the judgment and order dated 30. 06. 1988 passed by the learned Addl. Sessions Judge, Surendranagar in Sessions Case No. 28/1987, whereby, both the accused have been convicted for the offences punishable u/s. 304-II IPC and Section 135 of the Bombay Police Act. For conviction u/s. 304-II IPC, the accused have been sentenced to undergo RI for 4 years with fine of Rs. 250/- each and in default of payment of fine, RI for a further period of 3 months, whereas, for conviction u/s. 135 of the B. P. Act, they have been sentenced to undergo RI for 4 months with fine of Rs. 100/- each and in default of payment of fine, RI for a further period of 1 month. Both the sentences were ordered to run concurrently. They were given the benefit of set-off.

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

(3.) MR. R. N. Shah, learned Advocate for the accused, has submitted that the evidence on record, more particularly, the medical evidence, shows that death was caused by heart-attack. The injuries allegedly sustained by the deceased at the hands of the accused had not resulted into his death. Therefore, at the most, the accused could be convicted u/s. 326 IPC and in any case, not u/s. 304-II IPC. Therefore, the impugned judgment and order passed by the Court below deserves to be quashed and set aside.