PATEL MAHESHKUMAR BHIKHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appeal is at the instance of two convicted persons of the offence under Section 302 r/w Section 34 of the Indian Penal Code and is directed against the order of conviction and sentence dated 5th July, 2000, passed by the Additional Sessions Judge, Mehsana in Sessions Case no.192 of 1999. By the aforesaid order the learned Additional Sessions Judge, Mehsana found the appellants guilty of the offence under Sec.302 read with Section 34 of the Indian Penal Code and consequently, sentenced them to suffer life imprisonment with fine of Rs.2,000/ - each with a further stipulation that in default of payment of fine, the appellants shall undergo further simple imprisonment for a period of 10 days.

(2.) CASE of the Prosecution :

(3.) AS the case was exclusively triable by the Sessions Court, the J.M.F.C, Vijapur committed the case to the Court of Sessions under Sec.209 of Cr.P.C. The Trial Court framed charge Exh.7 against the accused persons for the offence punishable under Section 302 r/w Sec. 34 of the Indian Penal Code and the statements of the accused persons were recorded. The accused persons did not admit the charge and claimed to be tried.