ASHOK TAPUBHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 7.9.2007 passed by the learned Addl. Sessions Judge, Fast Track Court No. 3,Jamnagar in Sessions Case No. 52/2005, whereby, the learned trial Judge has convicted the appellants under sec. 302 read with sec. 34 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/- each, in default, to undergo further S/I for three months. Appellant no. 1 is also convicted under sec. 135(1) of BP Act and sentenced to undergo S/I for six months, which is impugned in this appeal.

(2.) The appellants accused came to be arraigned for committing the murder and after the investigation was complete, the charge-sheet was hold against the present appellants. Thereafter, as the case was exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions, which was given number as Sessions Case No. 52/2005.

(3.) Thereafter, the Sessions Court framed the charge below Exh. 14 against the appellants for commission of the offence under section 302, 201 and 34 of IPC and under sec. 135(1) of the Bombay Police Act. The appellants -accused have pleaded not guilty and claimed to be tried.