BRAHAMAN AMIRAM NARBEVAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE captioned appeals and revision arise out of the common judgment and order and hence, they are decided by this common judgment.

(2.) CHALLENGE in these matters is to the judgment and order passed by the learned Addl. Sessions Judge, Fast Track Court No.4, Banaskantha at Deesa in Sessions Case No.94 of 2003 whereby, original accused no.1 has been convicted for the offence u/s.302 of Indian Penal Code (for short, "the IPC") and Section 135 of Bombay Police Act (for short, "the BP Act") but, was acquitted of the charge u/s.201 IPC. For conviction u/s.302 IPC, original accused no.1 was sentenced to undergo imprisonment for life and fine of Rs.2000/ and in case of default, rigorous imprisonment for a further period of four months. Whereas, for conviction u/s.135 BP Act, he was sentenced to undergo rigorous imprisonment for four months and fine of Rs.500/ and in case of default, rigorous imprisonment for a further period of one month. Both the sentences were ordered to run concurrently.

(3.) THE brief facts of the prosecution case are as under;