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GITA GOPI
Bhavsing Chhaganbhai Bilval Police Sub Inspector Since Deceased Through his Legal Heirs – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT (ORAL)
The trial of custodial death was against seven accused, in Sessions Case no.37 of 1990 before the learned Additional Sessions Judge, Bhavnagar Camp, Mahuva. The learned Additional Sessions Judge, Bhavnagar on 30.11.2000 convicted accused no.1-Bhavsingbhai Chhaganbhai Bilval, PSI, Savarkundla Town Police Station for the offence under Section 304-II of IPC, sentencing him to seven years rigorous imprisonment and fine of Rs.15,000/- with the default clause on nonpayment, to further suffer one year simple imprisonment.
1.1 For the offence under Section 330 IPC, accused no.1 was sentenced for three years rigorous imprisonment and Rs.10,000/- fine, in default of payment of fine, six months simple imprisonment.
1.2 Both the sentences to run concurrently. The benefit of set off under Section 428 of the Criminal Procedure Code (Cr.P.C.) was granted. The amount of compensation of Rs.25,000/- was ordered to be given to the legal heirs of the victim, deceased Kanudo @ Bhoplo Vallabhbhana Waghri of Maninagar Vaghrivas, Savarkundla.
1.3 Aggrieved by the judgment and order of conviction, accused no.1 as appellant filed the present Criminal Appeal no.1138 of 2000 under Section 374(
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