RAJUBHAI BHAIJIBHAI VAGHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant, herein, was the original accused in Sessions Case No. 80 of 2003 and by way of this appeal, he has challenged the judgment and order of the learned Additional Sessions Judge, Bharuch, Dated : 18.03.2004, whereby, he was convicted for the offence punishable under Section 302 of the IPC and was sentenced to undergo imprisonment for life and to pay fine of Rs.2000/ - and in default to undergo further simple imprisonment for three months. The appellant was also convicted for the offence punishable under Section 307 of the IPC and was sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs.1000/ - and in default to undergo further simple imprisonment for one month.

(2.) BEFORE proceeding further, it may be noted that after the filing of the present appeal, the appellant was released on temporary bail by this Court for a period of 15 days vide order dated 14.07.2005 rendered in Criminal Misc. Application No. 3266 of 2005 and he was supposed to surrender on 14.08.2005. However, the appellant did not surrender in time and has been absconding till date. Hence, the present appeal was ordered to be kept in abeyance by the coordinate Division Bench of this Court. However, in view of the fact that the Hon'ble Apex Court has laid down in a recent decision that the appeal of even an absconding accused can be heard and disposed of and as the similar view is taken by this Court in connection with the appeal of the absconding appellant being Criminal Appeal No. 275 of 2007, the present appeal is taken up for hearing and disposed of by this judgment.

(3.) THE brief facts of the case of the prosecution, as set out before the trial Court, reads as under;