GOPALBHAI TUNDARAM THAKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH the above Appeals are arising out of the one and similar Judgment and since the oral as well as documentary evidence are the same, they are decided and disposed of together by this common Judgment.

(2.) CRIMINAL Appeal No. 423 of 2000 has been filed by the appellant (original accused), under Section 374 of Cr. P.C., challenging the Judgment and order dated 28th March, 2000, passed by the learned 3rd Additional Sessions Judge, Vadodara in Sessions Case No. 6 of 1997, whereby the learned Additional City Sessions Judge, has held the appellant accused guilty (i) for the offence under Sections 304 of I.P. Code and awarded sentence to the appellant accused to suffer rigorous imprisonment for 5 (five) years and to pay a fine of Rs.1000/-, and in default of payment of fine the appellant accused was directed to undergo R.I. for further one month and (ii) for the offences under Section 504 of I.P. Code and awarded sentence to the appellant accused to suffer rigorous imprisonment for 6 (six) months. The learned Judge has ordered that all the substantive sentences shall run concurrently.

(3.) THEREAFTER, the charge against the accused was framed. The accused pleaded not guilty to the charge and claimed to be tried.