MISTRY (SUTHAR) PANKAJKUMAR KHODIDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Criminal Appeal, under section 374(2) of the Code of Criminal Procedure, has been preferred by the appellant herein original accused challenging the impugned Judgement and Order of conviction and sentence dtd.31/5/2005 passed by the learned Presiding Officer and Fast Track Judge, Mehsana in Sessions Case No.5 of 2003, by which the learned Judge has convicted the appellant herein for the offence under section 302 of Indian Penal Code and has sentenced him to suffer imprisonment for life. The learned Judge has also convicted the appellant for the offence punishable under section 498(A) of the Indian Penal Code and has sentenced him to suffer Rigorous Imprisonment for one year and fine of Rs.1000/ - and in default, to undergo Simple Imprisonment for a period of two months.

(2.) FACTS leading to the present appeal, in nutshell, are as under : -

(3.) THE learned trial Judge framed the Charge at Ex.6 for the offence under sections 302 and 498(A) of Indian Penal Code and explained the contents thereof to the appellant who denied the same and claimed to be tried. Therefore the accused came to be tried for the aforesaid offences.