MULJIBHAI LAXMANBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is at the instance of a convicted person and is directed against an order of conviction dated 15th September 2006 passed by the learned Additional Sessions Judge, Fast Track Court No.4, Bharuch, in Sessions Case No. 125 of 2005 by which the learned trial Judge found the accused guilty of the offence punishable under section 302 of the Indian Penal Code and imposed a sentence of rigorous imprisonment for life and a fine of Rs.1000/-; in default of payment of fine, further simple imprisonment for six months was imposed. The learned trial Judge also passed order of setting off for the period undergone by the accused as under-trial prisoner.

(2.) THE translated version of the charge framed against the accused is quoted below:

(3.) MR. Rawal, the learned Additional Public Prosecutor, appearing on behalf of the prosecution has, on the other hand, opposed the aforesaid contentions of Mr. Barot and has submitted that the learned Sessions Judge, on consideration of the evidence on record having believed the version of the prosecution, we should not interfere with such findings in the absence of any cogent reasons. Mr. Rawal contends that for the wrong step taken by the learned Sessions Judge while recording the statement under section 313 of the Code of Criminal Procedure, the accused should not get the benefit if it is otherwise proved that the allegations against him have been proved and for not drawing attention of the appellant to a particular piece of evidence, the appellant has not been prejudiced. In support of such contention, Mr. Rawal places strong reliance upon the decision of the Supreme Court in the case of SHOBHIT CHAMAR v. STATE OF BIHAR reported in (1998) 3 SCC 455. Mr. Rawal, therefore, prays for dismissal of the appeal.