NARSINGHBHAI MALIYABHAI NAYAK Vs. STATE OF GUJARAT THROUGH

JUDGEMENT

(1.) As both the captioned appeals arise from a common judgment and order of conviction, they were taken up for hearing together and are being disposed of by this common judgment and order.

(2.) The Criminal Appeal No.1114/2007 is at the instance of a convict-accused, and is directed against an order of conviction and consequent sentence dated 8th August, 2007, passed by the learned Additional Sessions Judge, Fast Track Court No.1 at Chhota Udepur, District: Vadodara, in Sessions Case No.17/2007. By the said order, the learned Sessions Judge, convicted the accused under Section 302, read with Section 114 of the Indian Penal Code, and sentenced him to imprisonment for life and a fine of Rs.100/; in default of payment of fine, the accused-appellant was directed to undergo further imprisonment for one month. So far as the charge under Section 135(1) of the Bombay Police Act is concerned, the accused-appellant was ordered to be acquitted.

(3.) Criminal Appeal No.1121/2007 is at the instance of a convict-accused, and is directed against an order of conviction and consequent sentence dated 8th August, 2007, passed by the learned Additional Sessions Judge, Fast Track Court No.1 at Chhota Udepur, District: Vadodara in Sessions Case No.17/2007. By the said order, the learned Sessions Judge, convicted the accused under Section 302, read with Section 114 of the Indian Penal Code, and sentenced him to imprisonment for life, and a fine of Rs.100/; in default of payment of fine, the accused-appellant was directed to undergo further imprisonment for one month. So far as the charge under Section 135(1) of the Bombay Police Act is concerned, the accused-appellant was ordered to be acquitted.