RABARI CHELA JADAV Vs. STATE OF BOMBAY
LAWS(SC)-1960-2-23
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on February 26,1960

RABARI CHELA JADAV Appellant
VERSUS
STATE OF BOMBAY Respondents


Referred Judgements :-

NAFAR SHEIKH V. EMPEROR [REFERRED]
KULDIP DAS V. EMPEROR [REFERRED]
SUDHIR KUMAR V. EMPEROR [REFERRED]
NAFAR SHEIKH VS. EMPEROR [REFERRED]



Cited Judgements :-

LALU JELA VS. STATE OF GUJARAT [LAWS(GJH)-1961-9-4] [REFERRED]
STATE VS. AMRATLAL MAGANLAL [LAWS(GJH)-1961-11-7] [REFERRED TO]
LALU JELA VS. STATE OF GUJARAT [LAWS(GJH)-1961-11-6] [REFERRED TO]
STATE VS. RAMPRAKASH P PURI [LAWS(GJH)-1963-11-3] [REFERRED TO]
RANJITSINH SABAALSINH RATHOD VS. STATE OF GUJARAT [LAWS(GJH)-1996-2-14] [REFERRED]
MADAN BAGDI VS. STATE [LAWS(CAL)-1966-2-17] [REFERRED TO]
BAI KAMLA WD O JUGALDAS JAMNADAS VS. B R MANE PATIL COMPETENT AUTHORITY AHMEDABAD [LAWS(GJH)-1964-11-8] [REFERRED]
RANJITSINH S RATHOD VS. STATE [LAWS(GJH)-1995-2-20] [REFERRED TO]
SURENDRA SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1988-7-2] [FOLLOWED ON]
SANKU BALAN VS. STATE [LAWS(KER)-1972-9-10] [REFERRED TO]
ASHIS DEY BABLU DEY VS. STATE OF TAMIL NADU [LAWS(CAL)-2003-9-51] [REFERRED TO]
C GOPINATHAN VS. KRISHNAN AYYAPPAN [LAWS(KER)-1989-10-54] [REFERRED TO]
RABINDRA NATH CAHUBEY VS. CHARAI CHAMAR [LAWS(PAT)-1984-7-7] [REFERRED TO : 1960 CRI LJ 1156. 9.]
DHANI ROUT AND ORS. VS. ARJUN BAL [LAWS(ORI)-1968-7-15] [REFERRED TO]
STATE VS. JOAO SALDANHA [LAWS(BOM)-1968-8-11] [REFERRED]


JUDGEMENT

Imam, J. - (1.)This appeal is by special leave. The appellant was convicted under S. 304, Part I of the Indian Penal Code and sentenced to imprisonment for life. He appealed to the Bombay High Court. According to the judgment of the High Court the appeal was admitted only on the point of sentence. The High Court reduced the sentence from imprisonment for life to 10 years' rigorous imprisonment.
(2.)It was submitted on behalf of the appellant that the High Court could not, in law, admit an appeal only on the point of sentence and the appellant was entitled to have his appeal heard on the merits of his conviction as well. The evidence upon which the appellant was convicted was unsatisfactory and he was entitled to be acquitted.
(3.)Shortly stated, the case of the prosecution was that the appellant had caused the death of Zina Hira on April 6, 1957, when the deceased was returning from an adjoining village to the village of his residence. The appellant met him on the way and accused him of having committed theft in the appellant's house which the deceased denied. Upon this the appellant attacked him with a stick which had iron rings round it. A number of blows were given by the appellant with this stick in consequence of which Zina Hira fell down. Although a doctor was called for from Keshod. 8 miles away, ultimately the deceased was taken to Junagadh for better medical treatment but died on the way in the early hours of the morning of April 7.
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