CHANUBHA VARDHAJI SODHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Appellant / Original Accused has filed this Appeal under Section 374 of the Criminal Procedure Code ("the Code" for short) being aggrieved and dissatisfied with the judgment and order dated 25.5.2005 passed by the learned Presiding Officer and Additional Sessions Judge, Fast Track Court No.5, Gandhidham Kachchh ("the learned trial court" for short) in Sessions Case No.40/2004.

(2.) Heard learned Advocate Mr. Viral Vyas for learned Advocate Mr. Ashish M. Dagli for the Appellant and learned APP Ms. Jirga Jhaveri for the Respondent State of Gujarat and learned Advocate Mr. Malaykumar S. Patel for the son of Original Complainant and Injured.

(3.) The Appellant Accused has challenged the order dated 25.5.2005 passed by the learned trial court in Sessions Case No.40 of 2004. The trial court has convicted the Appellant Accused under Section 235(2) of the Cr.PC. for the offence punishable under Section 307 of the Indian Penal Code and imposed sentence of RI of 3 years and fine of Rs.1000/- in default of payment of fine to undergo SI of 6 months. The learned trial court has also convicted the Appellant Accused under Section 25(1) (B) (A) of the Arms Act and sentenced to suffer RI of 1 years and fine of Rs.500/- in default of payment of fine to undergo RI of 3 months. The trial court has also convicted the Appellant accused for the offence punishable under Section 135 of the Bombay Police Act and sentenced him to suffer RI of 3 months and fine of Rs.100/- in default of payment of fine to under RI of 15 days. It is also ordered that the Appellant Accused shall pay Rs.1000/- as compensation under Section 357 of the Cr.P.C. The Appellant has to undergo all the sentences concurrently and he is also entitled to set off the sentence already undergone.