ARVINDBHAI GANPATBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant, original accused has challenged the judgment and order of conviction and sentence dated 02.06.2007 passed by the learned Additional Sessions Judge, Fast Track Court No.5, Anand, whereby, the appellant herein, original accused, has been convicted for life imprisonment for the offence punishable under Sections 302, 376, 452 & 201 of the Indian Penal Code (for short, "the IPC"). For conviction u/s.302 IPC, the appellant has been sentenced to undergo imprisonment for life and fine of Rs.2,000/and in case of default of payment of fine, simple imprisonment for a further period of one year. For conviction u/s.376 IPC, the appellant was sentenced to undergo rigorous imprisonment for ten years and fine of Rs.2,000/and in default of payment of fine, simple imprisonment for a further period of one year. For conviction u/s.452 IPC, the appellant was sentenced to undergo rigorous imprisonment for one year and fine of Rs.500/and in default of payment of fine, simple imprisonment for a further period of one month and for conviction u/s.201 IPC, the appellant was sentenced to undergo rigorous imprisonment for one year and fine of Rs.500/and in default of payment of fine, simple imprisonment for a further period of one month. All the sentences were ordered to run concurrently and the appellant was given the benefit of setoff.

(2.) A complaint was filed by the complainant, Pratapbhai Narsibhai Parmar on 05.11.2005, inter alia alleging that on 4.11.2005, at about 1:00 p.m. brother of the complainant after completing his work returned to home at about 4:00 p.m. and he saw the accused and Sangita in an embarrassing situation in the house. It is also alleged that Chandubhai informed the said fact to the father of the accused. It is also alleged that the accused and Sangita were seen together by Rameshbhai Prabhatbhai at about 8.00 p.m. and also by Jikabhai Bharatbhai Parmar at about 9.00 p.m. . It is further alleged that on 5.11.2005, the complainant came to know that the accused was seen near the temple of Meldimata located at Badalpur Naranpura village carrying dead body of Sangita on his shoulder and was caught by the villagers. Thereafter, the complaint was leged.

(3.) LEARNED advocate for the appellant contended that the trial Court has passed the impguend judgement and order without considering the evidence on record. Therefore, he prayed to allow this appeal.