GORDHANBHAI DHULABHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-original accused has questioned the judgment and order of conviction dated 13/06/1993 passed by the learned Additional Sessions Judge at Valsad in Sessions Case No. 30 of 1992 by filing this appeal through jail. The accused is found guilty for the offences punishable under Secs. 395 and 397 of the Indian Penal Code and he is convicted and sentenced to undergo Rigorous Imprisonment for five years and to pay a fine of Rs. 300.00 and in default of payment of fine, to undergo further Rigorous Imprisonment for three months for the offence under Sec. 395 of the Indian Penal Code and he is also convicted and sentenced to undergo Rigorous Imprisonment for a period of three years and to pay a fine of Rs. 200.00 and in default of payment of fine, to undergo further Rigorous Imprisonment for two months for the offence under Sec. 397 of the Indian Penal Code, by the trial Court.

(2.) The accused has filed this appeal from the jail since he has not been able to engage services of a lawyer of his own. This Court has given him services of a lawyer under Legal Aid Scheme and learned Advocate Mr. Kirit R. Raval is appointed for the appellant-accused who has contended that the impugned judgment and order of conviction and sentence are erroneous and illegal and accused is entitled to acquittal. Learned A.P.P. Mr. S. P. Dave has countenanced the said submission.

(3.) With a view to appreciating the merits of this appeal, firstly factual backgrounds giving rise to the present appeal, may be narrated.