SHAILENDRASINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant accused has challenged the judgment and order of conviction dated 12.5.2014 passed by learned 9th (Adhoc) Additional Sessions Judge, Rajkot (hereinafter referred to as 'the learned Trial Court') in Sessions Case No.124 of 2009 by which the learned Trial Court has convicted the appellant for the offence punishable under Section 302 of Indian Penal Code and ordered to undergo life imprisonment and directed to pay fine of Rs.5000/- and in default of payment of fine, further simple imprisonment of six months. The appellant was also convicted for the offence punishable under Section 450 of the Indian Penal Code and ordered to undergo simple imprisonment for a period of five years and fine of Rs.2,000/- and in default of payment of fine, further simple imprisonment for a period of two months. The appellant was also convicted for the offence punishable under Section 188 of the Indian Penal Code and ordered to undergo simple imprisonment for a period of fifteen days and fine of Rs.100/- and in default of payment of fine, further simple imprisonment for a period of one day. The appellant was also convicted for the offence punishable under Section 201 of the Indian Penal Code and ordered to undergo simple imprisonment for a period of three years and fine of Rs.1,000/- and in default of payment of fine, further simple imprisonment for a period of one month. All the sentences were ordered to run concurrently.

(2.) The appeal came to be admitted by oral order dated 18.11.2014. The Records and Proceedings along with Paper-book is sent by the learned Trial Court.

(3.) An application for suspension of sentence being Criminal Misc. Application No.1 of 2021 came to be filed at the instance of the appellant for suspending the sentence mainly on the ground that the applicant is behind bar since more than 11 years. The said application was disposed of by this Court vide order dated 29.1.2021 directing the Registry to list the appeal for final hearing. Accordingly the present appeal is listed for hearing.