SOMABHAI TITABHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal arises out of the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court, Kheda at Nadiad in Sessions Case No.285 of 2003. The appellant - accused No.1 is sentenced under Section 302 of the Indian Penal Code for life imprisonment and fine of Rs.1000/ -, and in default, simple imprisonment for six months and accused No.2 and 3 were acquitted.

(2.) The facts of this appeal are as under : -

(3.) The learned Sessions Court framed the charge at Exh.3 whereby the present appellant along with Bhalabhai Somabhai Vaghela and Tinabhai Bhemabhai Vaghela were charged for the offences under Sections 302, 323, 504 read with Section 114 of the Indian Penal Code. The accused pleaded not guilty and, therefore, the learned Sessions Court, after full fledged trial and after appreciating the evidence on record, was pleased to convict the present appellant - original accused No.1 and acquit the original accused No.2 and 3 vide judgment and order dated 28.3.2005.