SAKTABHAI JAHABHAI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal has been preferred by the appellant under Sec. 374 of Cr.P.C challenging the judgment and order dtd. 5/5/2014 passed by Ld. Additional Sessions Judge, Patan in Sessions Case No.30 of 2013, whereby the appellant has been convicted for the offence punishable under Ss. 302 of IPC and is sentenced to undergo rigorous imprisonment for life and fine of Rs.1000.00 and in default of payment of fine, further simple imprisonment of 15 days is imposed.

(2.) The short facts giving rise to filing of present appeal are as under: -

(3.) On the basis of the said FIR, an offence punishable under Sec. 302 of the IPC was registered against the present appellant. The Investigating agency, after carrying out the investigation, filed charge-sheet against the present appellant for the said offence. Since the offence alleged against the present appellant was exclusively triable by the Court of Sessions, the Ld. Magistrate had committed the case to the Court of Sessions under the provisions of Sec. 209 of the Code of Criminal Procedure.