MAHENDRABHAI SOMABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is preferred by the appellantaccused under Sec. 374(2) of the Code of Criminal Procedure, 1973, being aggrieved by the judgment and order dtd. 10/8/2015 passed by the learned Additional Sessions Judge, Bharuch in Sessions Case No. 2 of 2014, whereby the appellant has been convicted for the offences punishable under Ss. 302 and 188 of the Indian Penal Code, 1860 (for short, "IPC"). The learned Sessions Court sentenced the appellant to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00 (Rupees Five Thousand only), and in default of payment of fine, to suffer simple imprisonment for two months under Sec. 302 IPC. Further, under Sec. 188 IPC, the appellant was sentenced to undergo simple imprisonment for one month and to pay a fine of Rs.200.00 (Rupees Two Hundred only), and in default of payment of fine, to suffer simple imprisonment for seven days. Both sentences were directed to run concurrently.

(2.) Prosecution case briefly stated as follows:

(3.) The prosecution examined 14 witnesses and produced 18 documentary evidence to substantiate its case. <IMG>JUDGEMENT_14_LAWS(GJH)11_2025_1.jpg</IMG> <IMG>JUDGEMENT_14_LAWS(GJH)11_2025_2.jpg</IMG> <IMG>JUDGEMENT_14_LAWS(GJH)11_2025_3.jpg</IMG>