ABBAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application under Section 389(1) of the Code of Criminal Procedure, 1973, (hereinafter referred to as "Code") the applicant - original accused has prayed to suspend the sentence imposed by the learned Sessions Judge, Bhuj - Kutch, vide judgment and order passed in Sessions Case No.15 of 2018 dated 30.12.2019. The learned Sessions Judge, by way of the aforesaid judgment, had convicted the applicant for the offences punishable under Sections 302 and 452 of Indian Penal Code and Section 135 of the Gujarat Police Act and sentenced the applicant as under: Offence Sentence Section 302 of IPC Life rigorous imprisonment along with fine of Rs.5,000/-, in default, to further undergo six months rigorous imprisonment Section 452 of IPC Three years simple imprisonment and to pay fine of Rs.1000/-, in default, to further undergo three months simple imprisonment. Section 135 of GP Act Four years simple imprisonment All the sentences shall run concurrently.

(2.) The Appeal came to be admitted by the Coordinate Bench of this Court vide order dated 16.03.2020.

(3.) Heard learned Advocate Shri Yogesh Ravani for the applicant. It would be pertinent to mention that Shri Ravani, learned Advocate had supplied set of relevant documents in the form of paper book which included charge, depositions of witnesses, Panchnama, P.M. Report as well as other documentary materials submitted before the learned Trial Court.