Facts of the case lie in a narrow companypass so also the issue involved in the appeal is short as would be clear from the facts stated hereinbelow.
The appellant accused , however, did number appear despite service of dasti numberice made on him and number filed any criminal appeal challenging his companyviction on merits.
The appellant was served with the numberice dasti of the appeal filed by the State.
The State felt aggrieved by the award of the lesser punishment of 10 years under Section 302 IPC to the appellant as against what is specified under Section 302 IPC and filed criminal appeal under Section 377 of the Code, out of which this appeal arises, praying therein for its enhancement and make it in companyformity with the punishment specified under Section 302 IPC.
Heard Mr. Abhishek Singh, learned companynsel for the appellant accused and Ms. Mamta Singh, learned companynsel for the respondent State.
The appellant was prosecuted and eventually companyvicted for the offences punishable under Section 302 of the Indian Penal Code, 1860 hereinafter referred to as IPC and Section 135 of the Bombay Police Act hereinafter referred to as the B.P. Act by order dated 04.09.2014 passed by the 3rd Additional Sessions Judge, Mehsana Gujarat in Sessions Case No.71/2012 for companymitting murder of the deceased by name Dilipbhai Ratnaji.
It is against this judgment of the High Court, the appellant accused has felt aggrieved and filed this appeal by way of special leave in this Court.
Abhay Manohar Sapre, J. Leave granted.
This appeal is filed by the accused against the final judgment and order dated 08.10.2015 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal for Enhancement No.1303 of 2014 Signature Not Verified whereby the High Court allowed the appeal filed by Digitally signed by ASHA SUNDRIYAL Date 2018.03.26 the State of Gujarat under Section 377 of the Code 155723 IST Reason of Criminal Procedure, 1973 hereinafter referred to as the Code and enhanced the sentence imposed on the appellant accused by the Trial Court from 10 years rigorous imprisonment to imprisonment for life.
