RASULBHAI TEJIYABHAI MANDOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This criminal appeal preferred by the sole appellantaccused herein under Sec. 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.P.C." for short) is directed against the judgment of conviction and order of sentence dtd. 9/3/2016 passed by the learned 3rd Additional Sessions Judge, Dahod in Sessions Case No.199 of 2013, by which the appellant has been convicted under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs.5000.00, in default of payment of fine, to further undergo additional imprisonment for 3 months. The appellant-accused is also convicted under Sec. 436 of IPC and sentenced to undergo 2 years imprisonment and fine amount Rs.2000.00, in default of payment of fine, to further undergo imprisonment for 2 months. The court has directed that the sentences were to run concurrently.

(2.) Facts and circumstances giving rise to this appeal are as under:

(3.) After due framing of charge and upon the accused pleading not guilty, trial commenced before the 3rd Additional Sessions Judge, Dahod. In the course of trial, prosecution adduced the following documentary and oral evidence in support of its case: