BABUBHAI @ TAKHUBHAI RATNABHAI PAGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellant - original accused under section 374(2) of the Code of Criminal Procedure challenging the legality and validity of the judgement and order of conviction and sentence passed by the learned Additional Sessions Judge and Presiding Officer, 2nd Fast Track Court, Godhara (hereinafter referred to as "the Sessions Court") in Sessions Case No.179 of 2009 dated 15/10/2010, by which the Sessions Judge convicted the appellant herein - original accused for the offences punishable under sections 302 and 452 of Indian Penal Code (hereinafter shall be referred to as "IPC" for short).

(2.) The case of the prosecution, in nutshell is as under:-

(3.) Mr.P.V. Patadiya, learned advocate appointed by High Court Legal Aid Services Committee, appearing on behalf of the appellant herein - original accused has made the following submissions:-