ASHRAF @ PAPPU GULAM SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal under Section 374(2) of the Code of Criminal Procedure, 1973 ('the Code', for short) has been preferred by the appellant herein ­ original accused against the impugned judgment and order of conviction dated 6th November 2004 passed by the learned Additional Sessions Judge (Second Fast Track Court), Valsad passed in Sessions Case No.58 of 2002 convicting the appellant-accused for the offence punishable under Section 302 of IPC and sentencing him to undergo imprisonment for life with a fine of Rs.2,000 in default of which to further undergo simple imprisonment for one month. It is required to be noted that so far as offences punishable under Section 323 and 504 of Indian Penal Code, ('the IPC', for short), 135 of the Bombay Police Act ('the BP Act', for short) and under Sections 3(1), (2), (5) and (10) of the Prevention of Atrocities (Scheduled Castes and Tribes) Act, 1989 ('the Atrocities Act', for short) are concerned, the appellant- accused came to be acquitted.

(2.) THE prosecution case, in nutshell, is as under:-

(3.) IN order to bring the charge home, the prosecution has led following oral as well as documentary evidences before the trial Court:-