BHALJIBHAI JAYRAMBHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in this Appeal filed under Section 374 of the Code of Criminal Procedure, 1973 ("the Code" for short) is to the correctness of the judgment and order dated 21.11.2005 rendered in Sessions Case No. 3 of 2004 by the learned Presiding Officer and Additional Sessions Judge, Fast Track Court No. 3, Chota Udepur, District Baroda, by which the sole Appellant ("the accused" for short) has been convicted for commission of the offence punishable under Section 302 of the Indian Penal Code ("IPC" for short) and sentenced to suffer RI for life and fine of Rs. 200/- i.d. RI for a further period of one month, whereas he has been acquitted of the offence under Section 504 of IPC.

(2.) The prosecution case in nutshell as disclosed from the FIR and unfolded during trial is as under:

(3.) This Court has considered the submissions advanced by the learned advocates appearing for the parties and perused the impugned judgment and order. This Court has undertaken a complete and comprehensive appreciation of all vital features of the case and the entire evidence on record, which is read and re-read by the learned advocates of the parties with reference to broad and reasonable probabilities of the case. This Court has examined the entire evidence on record for itself independently of the learned Judge of the trial Court and considered the arguments advanced on behalf of the accused and infirmities pressed, scrupulously with a view to find out as to whether the trial Court has rightly recorded the order of conviction and sentence.