VIJAYSINH BABARSINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this Appeal filed under Section 374 of the Code of Criminal Procedure ("the Code" for short) is to the correctness of the judgment and order dated 27.8.2002 rendered in Sessions Case no.61 of 2001 by the learned Additional Sessions Judge, Ahmedabad (Rural) at Gandhinagar, by which the sole appellant Vijaysingh Babarsingh Chauhan ("the accused" for short) has been convicted for commission of the offence punishable under Section 304 of the Indian Penal Code ("IPC" for short) and sentenced to suffer RI for 10 years and fine of Rs.1000/ -, in default of payment of fine SI for 3 months.

(2.) SINCE the facts of the case have been detailed in the judgment of the learned Additional Sessions Judge, Ahmedabad (Rural), Gandhinagar, it is not necessary for us to repeat the same all over again in verbatim and in detail in this judgment. However, the basic facts which are necessary to be discussed in this Appeal are as under:

(3.) THIS Court has considered the submissions advanced by the learned advocates appearing for the parties and perused the impugned judgment and order. This Court has undertaken a complete and comprehensive appreciation of all vital features of the case and the entire evidence on record which is read an re -read by the learned advocates for the parties with reference to broad and reasonable probabilities of the case. This court has examined the entire evidence on record for itself independently of the learned Judge of the trial Court and considered the arguments advanced on behalf of the accused and infirmities pressed, scrupulously with a view to find out as to whether the trial Court has rightly recorded the order of conviction and sentence.