SANJAYBHAI SHANKARBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) An application being Criminal Misc. Application No. 2/2020 in Criminal Appeal No. 849/2016 came to be circulated by Mr. Jeet J. Bhatt, learned advocate for the appellant herein, who has been appointed through High Court Legal Aid Services Committee for suspension of sentence on the ground that the appellant is behind the bars since more than 10 years.

(2.) Present appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") has been preferred by the appellant herein-original accused to quash and set aside the impugned judgment and order of conviction and sentence dtd. 19/2/2015 passed by the learned 6th Additional Sessions Judge, Surat in Sessions Case No. 21/2011, whereby the appellant herein-original accused has been convicted for the offences punishable under Sec. 302 of the Indian Penal Code, 1860 and Sec. 135(1) of the Gujarat Police Act and sentenced to undergo rigorous imprisonment for life for the offence under Sec. 302 of the Indian Penal Code, 1860 with fine of Rs.15,000.00 and in default of payment of fine, to undergo further simple imprisonment for one year and to undergo simple imprisonment for six months for the offence under Sec. 135(1) of the Gujarat Police Act with fine of Rs.500.00 and in default of payment of fine, to undergo further simple imprisonment for one month.

(3.) The short facts arising from the record of the case are as follows: