BHALABHAI RUPABHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present 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 1st May, 2008, passed by the learned Additional Sessions Judge, Fast Track Court No.3, Nadiad, in Sessions Case No. 120 of 2007. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence of murder punishable under Section 302 of the Indian Penal Code, and consequently, sentenced him to suffer life imprisonment and a fine of Rs. 2,000/ -. In default of payment of fine, the appellant was directed to undergo further simple imprisonment for two months.

(2.) THE case of the prosecution:

(3.) AS the case was exclusively triable by the Sessions Court, the Judicial Magistrate First Class, Kapadwanj committed the case to the Sessions Court under Section 209 of the Code of Criminal Procedure. The Sessions Court framed charges against the accused appellant, Exh.4 and the statement of the accused was recorded. The accused did not admit the charge and claimed to be tried.