ORAL JUDGMENT

(Per : HON'BLE MR.JUSTICE A.R.DAVE)

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1.This is an appeal against the judgement and order dated

6th April, 1984 passed in Sessions Case No. 59/1983 by the Sessions Judge, Kutch at Bhuj. Before the Trial Court, the accused were charged under the provisions of Sections 302 and 201 read with Section 114 of the Indian Penal Code. By virtue of the impugned judgement, the Trial Court has acquitted the accused of the charges under Section 302 read with Section 114 of the Indian Penal Code, but they have been convicted for commission of an offence under the provisions of Section 201 of the Indian Penal Code. Respondent no. 1 accused has been sentenced to Rigorous Imprisonment for five years whereas respondent no. 2 accused has been sentenced to undergo Simple imprisonment for two years. Being aggrieved by the aforestated judgement and order, the State has filed this appeal.

2.The case of the prosecution before the Trial Court was that on or about 15th July, 1983, accused no. 1, with an axe, and accused no. 2, with a stick, had caused injuries to Babu Ladhuram Bhat with an intention to commit murder and as a result of the said injuries, Babu Ladhuram Bhat died. Upon knowing that mu