DEVRAJ SHYAMRAJ PANDE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is at the instance of two convicts, for the offences punishable under Sections 302, 323, 326 read with section 114 of the Indian Penal Code, as well as for the offence punishable under Section 135 of the Bombay Police Act, and is directed against the order of conviction and sentence dated 18 th December, 2007 passed by the learned Sessions Judge, Navsari in Sessions Case No.47 of 2006. By the aforesaid order, the learned Sessions Judge found the appellant No.1 guilty of the offences punishable under Sections 302 and 323 read with section 114 of the Indian Penal Code, and also found the appellant No.1 guilty of the offence punishable under Section 135 of the Bombay Police Act, and consequently, sentenced him to suffer life imprisonment, and a fine of Rs.1000/. The learned Sessions Judge also found the appellant No.1 guilty of the offence punishable under Section 323 of the Indian Penal Code, and consequently, sentenced him to suffer simple imprisonment for one month, and a fine of Rs.5000/. In default of payment of fine, the appellant No.1 was directed to undergo further simple imprisonment for fifteen days.

(2.) CASE of the prosecution

(3.) SUBMISSIONS on behalf of the State