NANJI MALABHAI Vs. STATE OF GUAJRAT

JUDGEMENT

(1.) With the consent of the learned Advocates of both the sides who are present in Court today, this appeal is being heard and decided today even though this appeal was directed to be placed on 7-12-2006 vide order dated 24-11-2006.

(2.) The appellant-Nanaji Malabhai Harijan( original accused ) has preferred this appeal against the judgment and order dated 21-6-1996 passed by the learned Additional Sessions Judge, Junagadh , in Sessions Case no.15 of 1994 whereby the present appellant-accused was convicted and setenced to suffer life imprisonment and to pay fine of Rs.500/-, in default, to suffer R.I. for two years for the offence punishable under Sections 302 of the Indian Penal Code and for the offence punishable under Section 323 of the Indian Penal Code the appellant was sentenced to suffer R.I. For six months and to pay fine of Rs.100/-, in default, to suffer R.I. for one month. Both the sentences were ordered to run concurrently.

(3.) Briefly stated, the case of the prosecution is as under: