LAWS(GJH)-2023-8-1001

DILUBEN JASHWANTSINH ZALA Vs. STATE OF GUJARAT

Decided On August 23, 2023
Diluben Jashwantsinh Zala Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) In the present appeals filed under Sec. 374 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C."), the appellants have assailed the judgement and order dtd. 31/8/2019 passed by learned 2ndAdditional Sessions Judge, Kheda at Nadiad in Sessions Case No.97 of 2017.

(2.) Learned 2ndAdditional Sessions Judge, Kheda at Nadiad has convicted accused Nos.2, 3 and 4 for the offences punishable under Ss. 302 and 114 of the Indian Penal Code, 1860 (IPC) and acquitted the accused No.1 from all the charges. FACTS:

(3.) After completion of the investigation, charge-sheet was submitted before the learned Judicial Magistrate, First Class, Kapadwanj but since the offence under Sec. 302 of the IPC is exclusively triable by the Sessions Court, the lower Court committed the case to the Sessions Court, Kheda at Nadiad under the provision of Sec. 209 of the Cr.P.C. The Court below framed the charges under Ss. 302, 504, 506(2) and 114 of the IPC against the present appellants. To prove the guilt against the appellants, the prosecution examined in all 14 witnesses and 19 documentary evidence however, the Sessions Court convicted accused Nos.2, 3 and 4 and sentenced to suffer life imprisonment and fine of Rs.10,000.00 and in default rigorous imprisonment for a period of six months.