CHIMANBHAI JAGABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal by accused No. 2 is to the judgment of a learned Single Judge of the Gujarat High Court upholding the conviction of the appellant for offences punishable under Section 307 read with Section 34 and Section 120-B of the Indian Penal Code; 1860 (in short the 'IPC'). Learned Additional Sessions Judge, Valsad, had recorded the judgment of conviction and had imposed sentence of five years for the first offence and no separate sentence was imposed for latter offence. Fine of Rs. 500/- with default stipulation was also imposed.

(3.) Background facts in a nutshell are as follows :