VISHRAMBHAI SHINGABHAI SUVERA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (in brief, 'the Code', challenging the judgment and order, dtd.: 18/3/2013, passed by the learned 4th (Ad Hoc) Additional Sessions Judge, Sabarkantha at Modasa (referred to as the 'trial Court', herein after), in Sessions Case No. 63 of 2011, whereby, the trial Court convicted the appellant for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (' IPC ', in short) and sentenced him to undergo imprisonment for life and for the offence punishable under Sec. 307 of the IPC to undergo rigorous imprisonment for five years and to pay fine of Rs.1000.00 and in default to undergo further simple imprisonment for three months. The trial Court also convicted the appellant for the offence punishable under Sec. 25(1B)(a) of the Arms Act, 1959, and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs.1000.00 and in default to undergo further simple imprisonment for three months.

(2.) The brief facts of the case of the prosecution, as unfurled before the trial Court, are as under;

(3.) Heard, learned Advocate, Mr. Dave, appearing for the appellant and learned APP, Mr. Soni, for the Respondent-State.