ADHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This criminal appeal preferred by the sole appellant herein under Sec. 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 28/3/2016 passed by the Sessions Court, Surat in Sessions Case No.341 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.30,000.00 and in default of payment of fine, to further undergo additional imprisonment for 9 months.

(2.) Case of the prosecution, in short is that, the deceased Premilaben was living with the appellant-accused in a live in partnership relations. She had a son born out from her husband with whom she got married. The deceased and the accused belongs to lower strata of the society and doing masonry work at Surat. In the area of Udhna, Magdalla Road, Surat, they had lived in a hut, along with other labourers who were living in the same vicinity.

(3.) After closure of the prosecution evidence, the appellant was questioned under Sec. 313 Cr.P.C. to which he stated that, he has been falsely implicated in the offence and as such, he did nothing towards the deceased as alleged by her.