Ravi R. Tripathi, J.:— The present appeal is filed by the State of Gujarat seeking enhancement of sentence awarded by the learned 3rd Additional Sessions Judge, Mehsana by order dated 04.09.2014 in Sessions Case No. 71 of 2012, wherein the learned Judge, after having recorded in para 38 of the judgment, looking to the nature of offence and looking at the evidence led by the prosecution, which is found acceptable by the Court the accused is required to be awarded maximum sentence provided under the law.
2. The learned APP submitted that the offence believed by the learned is under section 302 of the IPC. Maximum punishment provided under the said section is death punishment, in the alternative what is provided is imprisonment for life and also fine. The learned Additional Sessions Judge committed error in awarding only 10 years of rigorous imprisonment and fine of Rs. 5000/-, which is nothing but a clear error on the part of the learned Additional Sessions Judge. The matter requires consideration.
3. ADMIT. The Registry is directed to mention that the appeal will be heard on 10.12.2014 Notice to that effect to go to the accused-respondent. The Registry to call for the Record & Proceeding so as to reach this Court on or before 02.12.2014 Direct service is permitted.