PALABHAI VASRAMBHAI HARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No. 1404 of 2009 under sec. 374(2) of the Code of Criminal Procedure, has been preferred by the Appellant -Original Accused No. 3 against the judgment and order of conviction and sentence dated 28.7.2009 passed by the learned Addl. Sessions Judge, 2 nd Fast Track Court, Deesa, camp at Deodar in Sessions Case No. 142/2007, whereby, the learned trial Judge has convicted the present appellant ori. Accused no. 3 under sec. 302 of IPC and sentenced to undergo R/I for life and to pay a fine of Rs. 25000/ -, in default, to undergo further R/I for two years.

(2.) CRIMINAL Appeal No. 2142/2009 has been preferred by the State under sec. 378 of the Code of Criminal Procedure, against the judgment and order dated 28.7.2009 passed by the learned Addl. Sessions Judge, 2nd Fast Track Court, Deesa,camp at Deodar in Sessions Case No. 142/2007, whereby, the learned trial Judge has acquitted the respondents - ori. Accused no. 1 & 2 of the charges leveled against them. Since both the appeals arise from common judgment and order of the trial Court, they are heard and decided by this common judgment.

(3.) AFTER considering the oral as well as documentary evidence and after hearing the parties, learned trial Judge vide impugned judgment and order dated 28.7.2009 held the present appellant - original accused no. 3 guilty of the charge levelled against him under sec. 302 of IPC and convicted and sentenced the appellant - accused no. 3, as stated above.