BUDHABHAI MASHRUBHAI GAMECHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE other two appeals namely Criminal Appeal Nos. 552 of 2007 and 389 of 2007, which are connected to this matter, have been listed today along with this matter. However, it is informed by learned advocates for both the parties that the appellant of Criminal Appeal No.552 of 2007, who is respondent in Criminal Appeal No.389 of 2007 has expired on 02.06.2013. Therefore, today, by a separate order, these two appeals viz. Criminal Appeal No.552 of 2007 and Criminal Appeal No.389 of 2007 are disposed of by this Court as abated.

(2.) BY way of this appeal, the appellant has challenged the judgment and order passed by the learned Presiding Officer, Fast Track Court No.6, Rajkot, in Sessions Case No.81/2006 dated 14th December, 2006, whereby, the appellant herein, original accused, has been convicted for life imprisonment for the offences punishable u/s.302 of the Indian Penal Code (for short, "the IPC") and fine of Rs.1,000/ and in default of payment, further sentenced of simple imprisonment for eight months. No separate sentence was passed for offence under section 135 of the BP Act.

(3.) AT the end of trial, the Court below recorded the further statement of the accused u/s. 313 of the Criminal Procedure Code and ultimately, passed the impugned judgment and order of conviction, which is under challenge in this appeal.