OSAMAN @ DHABO SULTANBHAI NAREJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure has been preferred by the present appellant-accused being aggrieved and dissatisfied by the judgment and order of conviction dated 25.01.1999 passed by the learned Sessions Judge, Rajkot in Sessions Case No.12/1998 whereby he was sentenced to undergo rigorous imprisonment for life for the charge under Section 302 of the Indian Penal Code. However, he was acquitted for the charge under Section 506(2) of the Indian Penal Code and under Section 135(1) of the Bombay Police Act.

(2.) The case of the prosecution in short, is as under:

(3.) At the end of investigation, chargesheet came to be submitted before the Court of Learned J.M.F.C, Rajkot. As the offence alleged against the accused was exclusively triable by the Court of Sessions, same was committed to the Court of Sessions, Rajkot, which came to be numbered as Sessions Case No.12/1998.