STATE OF GUJARAT Vs. BABUBHAI JADAVBHAI

JUDGEMENT

(1.) As both these appeals arise out of the impugned judgment and order passed by the learned Additional Sessions Judge, Amreli (hereinafter referred to as "the learned trial court") in Sessions Case No. 34 of 2005 dated 3/2/2011, one preferred by the original accused No. 2 challenging his conviction for the offence under section 307 of Indian Penal Code and another by the State for enhancement of the sentence imposed by the learned trial court imposed while convicting the original accused No. 2 for the offence under section 307 of the Indian Penal Code and sentencing him to undergo 3 years' S.I. with fine of Rs. 5000/- and in default, to undergo further 1 month's S.I., both these appeals are decided and disposed of by this common judgment and order.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned trial court in Sessions Case No. 34 of 2005, by which the learned trial court has convicted the original accused No. 2 for the offence under section 307 of Indian Penal Code and has sentenced 3 years' SI with fine of Rs. 5000/- and in default, to undergo further 1 month's S.I., original accused No. 2 has preferred Criminal Appeal No. 335 of 2011.

(3.) The case of the prosecution, in nutshell, is as under:--