( 1 ) APPELLANT was tried by Additional City Sessions Judge, City Civil Court, Ahmedabad in Sessions Case No. 68 / 87, for offences punishable under S. 302 of the Indian Penal Code, S. 14 (g) (v) of the Bombay State Reserve Police Force Act, 1951 and S. 66 (1) (B) of the Bombay Prohibition Act, and has been convicted for aforesaid offences by an order dated 19th May 1988, and being aggrieved by that order, the present appeal is preferred. When the appeal was placed for admission on 20th July 1988 before this Court (Coram : G. T. Nanavati and I. C. Bhatt, JJ.), in exercise of its revisional powers, issued suo motu notice for enhancement of sentence against the appellant.

( 2 ) THE appellant has been served with notice. On his behalf, Mr. M. C. Barot, advocate has appeared and for State, Additional Public Prosecutor Mr. S. R. Divetia has appeared.

( 3 ) FACTS briefly leading to the present prosecution are as under: dattatrai Vitubha, constable of State Reserve Police Gr. III, who is examined as P. W. 6 moved the investigating machinery by a complaint dated 7-2-1987 Exh. 54. Complaint discloses that on 5-1-1987, they left Gondal for Ahmedabad. Head Constable Bhawarsing