DHARMENDRAKUMAR OMPRAKASH SINHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - accused has, by way of this appeal, challenged his conviction and sentence dated 19.06.2009 passed in Sessions Case No. 01 of 2008 by the Additional Sessions Judge & Presiding Officer, Fast Track Court, Valsad for offence punishable under Ss. 302, 120 (B) and 506(2) of IPC r/w 135 of B.P. Act whereby the appellant was sentenced to life imprisonment and was ordered to pay fine of Rs. 2,000/ -, in default, rigorous imprisonment for two years under Sec. 302 of Indian Penal Code and to undergo rigorous imprisonment for one year and fine of Rs. 1,000/ -, in default, rigorous imprisonment for three months under Sec. 506(2) of Indian Penal Code r/w 135 of B.P. Act and rigorous imprisonment for six months and fine of Rs. 500/ - in default rigorous imprisonment for one month under Sec. 120 (B) of IPC.

(2.) The case of the prosecution as emanating from the records is as under:

(3.) Mr. Y.J. Patel, learned advocate appearing for the appellant has vehemently contended that there are material contradictions and omissions in the evidence of the complainant and eye witness. He submitted that the case of the prosecution is not supported by medical evidence. He has drawn the attention of this Court to the evidence of P.W. 1 & P.W. 3 and submitted that the evidence of these witnesses ought not to have been believed by the trial court as they are interested witnesses.