(1.) By way of preferring present appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973, the appellants have assailed the judgment and order of conviction dtd. 25/11/2004 passed by learned Additional Sessions Judge, 2nd Fast Track Court, Godhra in Sessions Case No.301 of 2001, whereby, the appellants have been convicted for the offence punishable under Ss. 307, 323, 504 read with Ss. 114 of the Indian Penal Code and Sec. 135 of the Bombay Police Act.
(2.) Heard learned advocate Mr. Vikram Thakor for the appellants and learned APP Ms. Monali Bhatt for the respondent - State.
(3.) Learned advocate Mr. Thakor submits that one FIR being C.R.No-I-75/2001 came to be registered with Devgadh Baria Police Station for the offence punishable under Ss. 307, 323, 504, 114 of the Indian Penal Code read with Sec. 135 of the Bombay Police Act against the appellants. Pursuant to the registration of the FIR, investigating officer has commenced investigation and ultimately at the end of the day, charge-sheet has been submitted before the Court of Magistrate. The learned Magistrate has exercised powers under Sec. 207 of the Code of Criminal Procedure, 1973 by handing over all the papers to the accused persons and after considering the penal provisions and charge-sheet papers, committed the case to the Court of Sessions. To prove the charges levelled against the accused persons, the prosecution has examined total 8 witnesses and relied upon total 13 documentary evidences. Considering the evidences and material available on record, learned Additional Sessions Judge, 2nd Fast Track Court, Godhra has passed the impugned judgment and order of conviction against the accused persons. Being aggrieved and dissatisfied with the said judgment and order of conviction, present appeal is preferred by the appellants.