STATE OF GUJARAT Vs. MEHMOOD

JUDGEMENT

(1.) THIS appeal under Section 377 of the Code of Criminal Procedure, 1973 is preferred for enhancement of sentence imposed by judgment and order dated 26.10.2005 passed by Additional Sessions Judge, Fast Track Court No. 1, Surendranagar, in Sessions Case No. 3 of 2005, whereby the respondent -original accused was convicted for the offence punishable under Section 304, Part -II of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two and a half years and ordered to pay fine of Rs. 20,000/ -, in default of making payment of fine, the accused shall undergo further rigorous imprisonment of seven months. For the offence punishable under Sections 504 and 427 of IPC, the accused was acquitted.

(2.) THE facts in brief giving rise to the filing of present appeal are as under:

(3.) ON the other hand, learned counsel for the respondent -accused has contended that this is an accident and there was no motive on the part of the accused to commit murder or he was not having any knowledge that his act would result into death of his brother. He submitted that since there was no intention on the part of the accused or he was not knowing that his act of kicking the stove will result into his brother's death, the accused should be acquitted. He also submitted that the accused has already undergone the period of sentence imposed by the trial Court, therefore, enhancement appeal may not be allowed. He submitted that the trial Court has rightly appreciated the evidence on record and the sentence imposed upon the accused cannot be said to be less. He, therefore, prayed that this appeal may be dismissed.