CHAMPAKBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In view of the order made by the learned Chief Justice, this matter is placed before this Court as the learned Judges hearing the Criminal Appeal deferred in their opinion about culpability of the appellant-accused.

(2.) The sole appellant-accused of Sessions Case No. 53 of 1993 was tried for offences punishable under Section 302 of the Indian Penal Code as also under Sections 323 and 504 of the Indian Penal Code and was held guilty by the learned Additional Sessions Judge, Navsari for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life and to pay a fine of Rs.250/- [in default of payment of fine to undergo rigorous imprisonment for a further period of two months]. However, the appellant was acquitted for the offences punishable under Sections 323 and 504 of the Indian Penal Code. It is against this order dated 31/12/1994, the present appeal is filed by the appellant-accused.

(3.) Laliben Gatubhai (P.W.-5) lodged a First Information Report on 21/04/1993 at 08.30 a.m. wherein she disclosed as under: