KOLI BHOPA PREMJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has, by filing this Criminal Appeal under Section 374(2) of Criminal Procedure Code, 1973 (for short "Cr.P.C.") challenged the correctness, legality and validity of the judgment, Ex.64 dated 15.01.1998 rendered by the learned Additional Sessions Judge, Surendranagar (who will be referred to hereinafter as "the learned Judge of the trial Court") in Sessions Case No.4 of 1996, by which the appellant has been convicted under Section 235(2) of Cr.P.C. for offences punishable under Section 302 of the Indian Penal Code, 1860 (for shot the "I.P.C.) and under Section 135 of Bombay Police Act, 1951 and is sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.250/-- and in default of payment of fine, to undergo further rigorous imprisonment for three months for an offence punishable under Section 302 of I.P.C. and also to undergo simple imprisonment for one month and to pay a fine of Rs.250/-and in default of payment of fine, to undergo further simple imprisonment for one month for an offence punishable under Section 135 of the Bombay Police Act, 1951.

(2.) The case of the prosecution as unfolded by the evidence of the prosecution, can be summarized in a nutshell as follows.

(3.) On the basis of material on record, the learned Judge of the trial Court framed a charge Ex.5 on 22.05.1997. That charge was read over and explained to the accused. On recording his plea, he pleaded not guilty to the charge and claimed to be tried.