THAKORE BANUJI AGRAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Appeal is at the instance of a convict accused of the offence under Section 302 of the Indian Penal Code and is directed against the order of conviction and sentence dated 21st November, 2005 passed by the Additional Sessions Judge, 3rd Fast Tract Court, Patan in Sessions Case No.21/2005. The Additional Sessions Judge convicted and sentenced the accused appellant to undergo imprisonment for life and fine of Rs.50,000/ - of the offence of murder punishable under Section 302 of the Indian Penal Code with a further stipulation that in default of payment of fine, the accused appellant shall undergo further rigorous imprisonment of 3 years. In the same way the learned Additional Sessions Judge also convicted and sentenced the accused -appellant to undergo rigorous imprisonment of 3 years with fine of Rs.5,000/ - of the offence under Section 506(2) of the Indian Penal Code with a further stipulation that in default of payment of fine the accused appellant shall undergo further rigorous imprisonment of six months. The Additional Sessions Judge also directed the accused appellant to undergo rigorous imprisonment of one month with fine of Rs.1,000/ - of the offence under Sec.135 of the Bombay Police Act with a further stipulation that in default of payment of fine further rigorous imprisonment of 15 days. The Additional Sessions Judge further directed that from the amount of Rs.50,000/ - towards fine, a sum of Rs.40,000/ - shall be paid to the legal heirs of the deceased under Section 357 of the Criminal Procedure Code.

(2.) CASE of the Prosecution :

(3.) SUBMISSIONS on behalf of the State :