MAMAD HUSSAIN JUSAB RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate Mr. K.B. Anandjiwala for the appellant and learned APP Ms. Jirga Jhaveri for the respondent - State.

(2.) THE appellant is original - accused No. 1 in Sessions Case No. 26 of 1998, wherein he was convicted for the offence punishable u/s.307 of the Indian Penal Code and sentenced to suffer R.I for five years and to pay fine of Rs. 500/ - with condition that in default of payment of fine, he should undergo R.I for additional three months. Such impugned judgment is dated 20.2.2003 by the Addl.Sessions Judge of Bhuj at Kachchh whereby the accused No. 2 has been acquitted.

(3.) TO ascertain the legality and validity of the impugned judgment, this being a regular criminal appeal, we need to scrutinize the evidence before the Sessions Court so as to confirm that whether evidence is sufficient to confirm the conviction as recorded herein above.