DATTA KISHAN MUNDE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out a judgment and order rendered by Sessions Court, Surat, on 28.06.2002, in Sessions Case No.44 of 1999, Supreme Today With All High Courts Page 1 of 3 convicting the appellant for the offences punishable under Sections 302 and 326 of the Indian Penal Code ("IPC" for short). The appellant is sentenced to undergo imprisonment for life and to pay a fine of Rs. l,000/ -, in default, to undergo simple imprisonment for three months for the offence of murder of one Laliben. The appellant is convicted under Section 326 for causing grievous hurt to Ramilaben and is sentenced to undergo rigorous imprisonment for three years to pay a fine of Rs. 500/ -, in default, to undergo simple imprisonment for one month. Both the sentences were ordered to run concurrently.

(2.) AS per the prosecution case, the incident occurred on 15.09.1997 around 3.00 P.M. in the outskirts of village Sarsana. It is alleged that the appellant attacked P.W.5 -Ramilaben Rameshbhai (Exhibit 14) with a sickle and caused her multiple injuries. In the transaction, deceased -Ramilaben tried to intervene and rescue Ramiliben and suffered sickle injuries on neck and other parts of the body which, ultimately, resulted into her death.

(3.) THE appellant, was represented formerly by learned Advocate, Mr. B.N. Keshwani, who, unfortunately, expired during the pendency of the appeal. This Court, therefore, issued notice to the appellant informing him about the fact -situation, so as to enable him to make arrangements for his defence. The notice has been served on him, but there is no response from him in the form of engaging another Advocate.