RAJPUT JABBARSINGH MALAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On account of homicidal death of Jethusing on the intervening night of 2/3.04.1994 at about 2 a.m. Appellant was charged and prosecuted for commission of the offence under Section 302 of the Indian Penal Code (for short 'IPC') and under Section 135 (1) of the Bombay Police Act. On appreciation of evidence available on record, Additional Sessions Judge, Banaskantha at Palanpur in Sessions Case No. 137 of 1994, decided on 07.03.1998, found the Appellant guilty for commission of the said offence and awarded him life imprisonment and a fine of Rs. 500/-, and in default to undergo further R.I, for 3 months under Section 302 of the IPC and 4 months simple imprisonment and fine of Rs. 100/- and in default to undergo further imprisonment of 15 days under Section 135 (1) of Bombay Police Act. The sentences were directed to run concurrently.

(2.) Feeling aggrieved thereof, Appellant filed Criminal Appeal No. 597 of 1998 before the Division Bench of the High Court of Gujarat at Ahmedabad. The High Court, after categorically examining the oral and documentary evidence available on record came to the conclusion that no case for interference was made out, affirmed the judgment and order of Trial Court and thus dismissed the appeal.

(3.) The Appellant therefore feeling aggrieved by the aforesaid impugned judgment and order of conviction recorded by the Division Bench of the High Court, is before us challenging the same on variety of grounds.