MANOJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal has been preferred by the appellants under Sec. 374 of Cr.P.C challenging the judgment and order dtd. 28/2/2012 passed by 2 nd Additional Sessions Judge, Bhavnagar in Sessions Case No.26 of 2011, whereby the appellants herein have been convicted for the offence punishable under Sec. 302 r/w. Sec. 114 of the Indian Penal Code, 1860 (herein after referred to as the " IPC ") and are sentenced to undergo rigorous imprisonment for life and fine of Rs.1000.00 and in default of payment of fine, further simple imprisonment of 6 (Six) months is imposed. The appellant no.1 has also been convicted for the offence punishable under Sec. 135 of the Bombay Police Act and is sentenced to undergo simple imprisonment of 6(Six) months and fine of Rs.500.00 and in default of payment of fine, further simple imprisonment of 1 (One) month is imposed. The appellant no.2 has been acquitted for the offence punishable under Sec. 135 of the Bombay Police Act. It is also ordered that sentence imposed upon the appellants shall run concurrently.

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

(3.) The Investigating Agency, after conclusion of investigation, filed charge-sheet against the appellants herein for the aforesaid offence. Since the offence of 302 of the IPC was exclusively triable by the Sessions Court, the Magistrate Committed the case for trial to the Court of Sessions under Sec. 209 of the Code of Criminal Procedure.