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CR.A/902/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 902 of 2010
=========================================================
STATE
OF GUJARAT - Appellant(s)
Versus
SHANKARBHAI
MOTIBHAI KOTVAL & 2 - Opponent(s)
=========================================================
Appearance
:
MR
AJ DESAI, APP for Appellant(s) : 1,
MR BM MANGUKIA, for
Opponent(s) : 1 - 3.
MS BELA A PRAJAPATI for Opponent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE VIJAY MANOHAR SAHAI
Date
: 30/11/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Heard
learned APP Mr.A.J.Desai.
2. This
appeal has been filed for enhancement of the sentence imposed by the
Sessions Court, Modasa in Sessions Case No. 26 of 2009 against the
respondents-accused vide judgment and order dated 18.2.2010.
3. If
the description of the incident is seen, it is clear that the
respondent is alleged to have given fist and kick blows in the
incident. There is no material to attribute any serious injury to
the victim. Under the circumstances, the trial Court was justified in
holding that the accused is guilty of the charges punishable under
Section 304 Part II of IPC and convicted them to undergo rigorous
imprisonment for two years and fine of Rs.5,000/-, in default,
further imprisonment for four months. No interference is called for.
Hence, the appeal is dismissed.
(A.L.Dave,
J.)
Sreeram. (V.M.Sahai,
J.)
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