BHIMSINGBHAI VARJUBHAI RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is at the instance of two convicted persons and is directed against an order of conviction and consequent sentence dated 1st April 2006 passed by the learned Additional Sessions Judge, Fast Track Court No.2 at Chhotaudepur, Dist. Vadodara in Sessions Case No. 54 of 2004. By the said order, the learned Sessions Judge convicted the appellant No.1 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 appellant No.1 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 appellant No.1 was directed to undergo rigorous imprisonment for 4 months and a fine of Rs.50/- with a stipulation that in default of payment of fine, the appellant No.1 would undergo further rigorous imprisonment for 3 months.

(2.) The case made out by the prosecution may be summarized thus:

(3.) On completion of investigation, the police submitted the charge sheet before the Judicial Magistrate, First Class, Chhotaudepur and the case being exclusively triable by Court of Sessions, the learned Magistrate committed the cases to the Court of Sessions.