BATHABHAI VANABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANTSBATHABHAI Vanabhai Bharwad and Rahabhai Sagrambhai Bharwad had preferred this Criminal Appeal out of whom the case of appellant No.2Rahabhai Sagrambhai Bharwad was disposed of by an order dated 14.02.2008 for trial under the Juvenile Justice (Care and Protection of Children) Act, 2000, he being a juvenile. Therefore, only appellant No.1Bathabhai Vanabhai Bharwad is before this Court.

(2.) THE appellant herein has been sentenced, interalia, to life imprisonment on conviction under Sections 302, 394 and 201 of the Indian Penal Code ("IPC" for short) by the learned Joint District and Sessions Judge, 7th Fast Track Court, Nadiad by its judgment and order dated 14.10.2004 in Sessions Case No.17 of 2004.

(3.) DURING the investigation, various circumstantial evidences were collected in the form of oral statements, as well as documents, and ultimately a chargesheet came to be submitted. The case being exclusively triable by the Court of Sessions, came to be committed under Section 209 of the Code of Criminal Procedure, 1973. The learned Additional Sessions Judge having considered the evidence and also the arguments submitted by both the sides came to the conclusion as to guilt of the appellant herein. Hence, this appeal.