DASHRATHBHAI MOHANBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is at the instance of a convictaccused for the offences punishable under Sections 302 and 452 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 15th March 2008 passed by the learned Additional Sessions Judge, Fast Track Court No.6, Nadiad, in Sessions Case No.76 of 2007.

(2.) By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code, and consequently, sentenced him to suffer life imprisonment with a fine of Rs.2,000=00 and in default of payment of fine, further rigorous imprisonment for a period of six months.

(3.) The learned Additional Sessions Judge also found the appellant guilty of the offence punishable under Section 452 of the Indian Penal Code, but in view of the life imprisonment imposed, thought fit not to impose any sentence so far as the offence of Section 452 of the Indian Penal Code is concerned. Case of the Prosecution :