DINESHBHAI BHURABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal under Section 374(2) of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 5.11.2011 passed by the learned District and Sessions Judge, Narmada at Rajpipla in Sessions Case No. 26 of 2011.

(2.) BY the said judgment and order dated 5.11.2011, which is challenged in present appeal, the learned trial Court has recorded conviction against present appellant for offence punishable under Section 304 (Part -I) of IPC and sentenced the appellant to undergo RI for 10 years and pay fine of Rs. 5,000/ - and in default to undergo RI for 1 year. The appellant is acquitted from charge of offence punishable under Section 302 of the Code and instead he is convicted under Section 304 (Part -I) of IPC.

(3.) THEREAFTER the investigation was carried out. After investigation charge -sheet was submitted before the learned Magistrate. The case being triable by the Sessions Court, the learned Magistrate committed the case to the Sessions Court, Narmada district. The case was registered as Sessions Case No. 26 of 2011.