MUKESHBHAI SHANKARBHAI PATANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present Criminal Appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC"), the appellant - original convict has challenged the judgment and order dtd. 31/10/2012 passed by the Additional District and Sessions Judge, Banaskantha-Palanpur in Sessions Case No.79 of 2011, by which, the appellant has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code (hereinafter referred to as "IPC") and sentenced to undergo rigorous imprisonment for life with fine of Rs.500.00, in default, to undergo simple imprisonment for 15 days.

(2.) The Appeal came to be admitted on 7/5/2013. The Registry has received the Record and Proceedings along with the paper-book which has been supplied to the learned advocate for the respective parties.

(3.) The case put forward by the prosecution is as under :