MULAJI DEVSIJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate for the appellant Mr. Abhaykumar P. Shah and learned Additional Public Prosecutor for the respondent State Ms. C.M. Shah. Pursuant to the order of this Court dated 28.01.2016, today, the accused is present in the Court. We have not allowed learned Advocate Mr. Abhaykumar P. Shah to retire from the matter and on a request made by this Court, learned Advocate Mr. Abhaykumar P. Shah has argued this case for the accused herein.

(2.) By way of this Appeal, the appellant accused has felt aggrieved by the judgment and order of conviction and sentence dated 19.09.2007 of the learned Additional Sessions Judge & Presiding Officer, Fast Track Court, Deesa in Sessions Case No.147/2006 whereby the accused was sentenced to undergo under Section 302 of the Indian Penal Code, life imprisonment and fine of Rs.500/=, in default simple imprisonment for one month.

(3.) The case in brief and the incident which occurred on 04.07.2006 are as under :-