(1.) THIS appeal is filed by the original accused challenging the judgement dated 15.7.2008 rendered by the learned Additional Sessions Judge, Dahod, convicting the accused for offences punishable under sections 302, 201 and 376 of the Indian Penal Code. For offence under section 302 of IPC, he is sentenced to undergo imprisonment for life. For offence under section 376 of IPC, he is sentenced to rigorous imprisonment for 10 years, for offence under section 201 of IPC, he is sentenced to undergo rigorous imprisonment for one year. He is also ordered to pay fine. Substantive sentences are ordered to run concurrently.
(2.) BRIEFLY stated the prosecution version is as follows :
(3.) BROTHER of the complainant-Narvatsinh Savjibhai Chauhan, PW-9, exh.38, stated that he along with his brother and other people had gone in search of deceased Tinaben. She was found in a ditch near by the Mahuda tree covered with dry leaves. They had posted two people there and thereafter, informed the Sarpanch whose husband also arrived at the site. After they had lodged the complaint, Shantaben had told him about the accused scuffling with Tinaben near the Mahuda tree on the earlier date.
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