(1.) THE present appeal is at the instance of a convict - accused of the offence of murder and is directed against an order of conviction and sentence dated 23 rd June 2008, passed by the learned Additional Sessions Judge and Presiding Officer, 3rd Fast Track Court, Surat at Vyara, in Sessions Case No.21 of 2008. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offences punishable under Sections 302 and 201 of the Indian Penal Code, and consequently, sentenced him to suffer life imprisonment and a fine of Rs.10,000/ - for the offence punishable under Section 302 of the Indian Penal Code. In default of payment of fine, the appellant was directed to undergo further simple imprisonment for 60 days. In the same manner, the learned Additional Sessions Judge sentenced the accused -appellant to suffer rigorous imprisonment of three years and fine of Rs.5,000/ - for the offence punishable under Section 201 of the Indian Penal Code. In default of payment of fine, the appellant was directed to undergo further simple imprisonment for 30 days. The learned Additional Sessions Judge also convicted the accused - appellant of the offence under Section 135 of the Bombay Police Act and sentenced him to undergo simple imprisonment of one month and fine of Rs.100/ -. In default of payment of fine, the appellant was directed to undergo further simple imprisonment of three days.
(2.) CASE OF THE PROSECUTION: -
(3.) SUBMISSIONS ON BEHALF OF THE STATE: -