Gujarat High Court Case Information System
Print
CR.A/223920/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 2239 of 2006
=================================================
THE
STATE OF GUJARAT - Appellant(s)
Versus
DIPAKKUMAR
DAHYABHAI PATEL & 1 - Opponent(s)
=================================================
Appearance
:
Mr.PRADIP BHATE, ADDL PUBLIC
PROSECUTOR for Appellant(s) : 1,
None for Opponent(s) : 1 -
2.
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 19/09/2008
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present appeal is filed under section 377 of the Code of Criminal
Procedure for enhancement of sentence against the judgement and order
dated 29th June 2005 passed by the learned Presiding
Officer, 4th Fast Track Court, Nadiad, in Sessions Case
No.209 of 2004, whereby the learned Judge was pleased to convict the
accused for offence under section 326 of Indian Penal Code ( IPC
for brevity) and awarded only four years of simple imprisonment,
and fine of Rs.1000/- each, and in default six months of simple
imprisonment. The learned APP submitted that the learned Presiding
Officer has erred in taking a very lenient view in the matter. He
submitted that looking to the nature of the injuries caused by the
accused to the deceased-Shantilal Lallubhai Patel and Kamlaben
Shatilal Patel, the learned Judge ought to have awarded maximum
punishment under section 326 of the IPC, viz. imprisonment for life
or with imprisonment of either description for a term which may
extend to ten years, and fine – could have been awarded to the
accused.
2. Admit.
As issuance of bailable warrant is ordered in Criminal Appeal No.861
of 2006, the same is not passed in this appeal.
(RAVI R. TRIPATHI, J.)
(K.M. THAKER, J.)
karim
Top