ROHITKUMAR MAGANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH the above captioned appeals preferred by respective convict-accused arise from a common judgment and order of conviction passed by the learned Additional Sessions Judge, Surat, dated 15th February, 2007 in Sessions Case No. 6 of 2002 and therefore, they were heard together and are being disposed of by this common judgment and order.

(2.) CRIMINAL Appeal No. 686 of 2007 is at the instance of Rohitkumar Maganbhai Patel, a convict for the offences punishable under Sections 302, read with Section 34 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 15th February, 2007, passed by the learned Additional Sessions Judge, Surat, in Sessions Case No. 6 of 2002. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offences punishable under Section 302, read with Section 34 of the Indian Penal Code and consequently, sentenced him to suffer life imprisonment and a fine of Rs. 75,000/- for the offence punishable under Section 302 of the Indian Penal Code. In default of payment of fine, the appellant was directed to undergo further rigorous imprisonment for two years.

(3.) AS the case was exclusively triable by the Sessions Court, the Judicial Magistrate First Class, Mandvi committed the case to the Sessions Court under Section 209 of the Code of Criminal Procedure. The Sessions Court framed charge against the accused, Exh.6 and statement of both the accused were recorded. Both the accused did not admit the charge and claimed to be tried.