RAFIQ HAJIBHAI CHANIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the impugned judgment and order of conviction and sentence dated 3.6.2004 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Rajkot in Sessions Case No. 137 of 2000, by which, the learned Trial Court has convicted the appellant herein-original Accused No. 2.for the offence punishable under Section 302 of I.P.C. read with Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and ordered to undergo life imprisonment and to pay.a fine of Rs. 5,000/-, in default, to undergo further S/I for three months. The appellant herein-original Accused No. 2 has preferred the present Criminal Appeal.

(2.) That in connection with F.I.R. given by the victim/deceased Kishorbhai Ganpatbhai Patel, who, at the relevant time, was alive, but succumbed to the injuries, and so after completing the investigation, the concerned Police Officer of Rajkot City B-Division Police Station, all the accused persons/original Accused Nos. 1 to 5 came to be charge-sheeted for the offences punishable under Sections 302, 504,143, 147,149 and 188 of I.P.C. read with Section 3(1)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act"), but later on 3(1)(10) was modified to Section 392(v) of the Act.

(3.) As the case was exclusively triable by the Court of sessions, the learned Magistrate has committed the case to the Court of Sessions at Rajkot.