PARBAT MANGA MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 31. 12. 2005, passed by the learned Additional Sessions Judge, Fast Track Court No. 6, Porbandar in Sessions Case No. 34 of 2004, whereby the appellant original accused no. 1 has been convicted for the offences punishable u/s. 304 Part-I, 325, IPC and u/s. 135 of Bombay Police Act. For conviction u/s. 304 Part-I IPC, the accused was sentenced to undergo SI for ten years with fine of Rs. 2,000/- and in default of payment of fine SI for a further period of one year; for conviction u/s. 325 IPC, he was sentenced to undergo SI for one year with fine of Rs. 500/- and in default of payment of fine SI for a further period of three months and for conviction u/s. 135 of Bombay Police Act, the accused was sentenced to undergo SI for four month with fine of Rs. 100/- and in default of payment of fine SI for a further period of one month. All the sentences were ordered to run concurrently and he was also given the benefit of set-off.

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

(3.) AFTER arguing the matter at length,the learned counsel for the appellant has submitted that he would not be able to assail the impugned judgment and order passed by the Court below so far as the conviction part is concerned. He therefore, requested that looking to the facts and circumstances of the case, and in view of the decisions of the Apex Court in the case of K. Ramkrishnan Unnithan v. State of Kerala reported in AIR 1999 SC 1428 and Abdulkadar Mansurmiay Malek v. State of Gujarat reported in 1998 SCC (Cri.) 569, the sentence imposed by the Court below may be reduced.