DOLLY GUNVANTBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 ("the Code" for short), has been directed against the judgment and order of conviction dtd. 24/4/2013 rendered by the learned Additional Sessions Judge, Gandhinagar in Sessions Case No.60 of 2012, whereby the appellant - accused has been convicted for the offence under Ss. 302 and 201 of the Indian Penal Code, 1860. By the impugned judgment, the appellant - accused is ordered to undergo life imprisonment for the offence under Sec. 302 of the Indian Penal Code and fine of 10,000/-, and in default Rs.10,000.00, and in default of fine, is ordered to undergo further rigorous imprisonment of three months and is ordered to undergo three years imprisonment for the offence under Sec. 201 of the Indian Penal Code and fine of 5,000/-, and Rs.10,000.00, and in default in default of fine, is ordered to undergo further rigorous imprisonment of one month.

(2.) The brief facts of the prosecution case are as under:

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant evidence in form of medical evidence and drawn various Panchnamas and other relevant evidence for the purpose of proving the offence. After having found material against the appellant accused, charge-sheet came to be filed in the Court of learned Judicial Magistrate, First Class, Dehgam. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Judge, Gandhinagar as provided under Sec. 209 of the Code.