SIVLA BHALJI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by the learned Joint District Judge, Fast Track Court, Chhota-Udepur, Dist: Vadodara, dated 30.06.2002 in Sessions Case No.52 of 2002, whereby the two appellants are convicted for the offences punishable under Section 302 of the Indian Penal Code, 1860 and Section 135 of the Bombay Police Act. Both the appellants-accused are sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the Indian Penal Code, 1860, fine of Rs.5000.00 is imposed on each of the accused and in default, they are ordered to undergo six months rigorous imprisonment. They are sentenced to undergo six months rigorous imprisonment for the offence punishable under Section 135 of the Bombay Police Act. Both the sentences are ordered to run concurrently and the accused are also held to be entitled for set off.

(2.) WE have heard Ms.Rekha Kapadia, learned advocate for the appellants and Mr.K.L.Pandya, learned Additional Public Prosecutor for the State.

(3.) PURSUANT to the First Information, offence was registered, it was investigated and accused were arrested, charge sheet was filed in the Court of learned Magistrate, at Chhota-Udepur. Thereafter, the case was committed to the Sessions Court, which was registered as Sessions Case No.52 of 2002. Charge was framed against them for the offence punishable Under Section 302 of Indian Penal Code and Section 135 of Bombay Police Act. The accused persons pleaded not guilty to the charges and came to be tried. During the Trial, the prosecution led oral evidence of 9 witnesses and also produced documentary evidences, the details of which are referred in Para-4 of the judgment of the Court below.