RAJUBHAI LAXMANBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this Criminal 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 7.7.2005, rendered in Sessions Case No. 14 of 2005, by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 3, Bharuch, by which the sole appellant Rajubhai Laxmanbhai Vasava (`accused' for short), has been convicted for the offence punishable under Section 302 of the Indian Penal Code (`the IPC' for short) and sentenced to imprisonment for life and fine of Rs. 5,000/- i.d., SI for 3 months.

(2.) THE prosecution case as disclosed from the FIR and unfolded during the trial 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.