VAGHARI BATUKBHAI VITHALBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Shri H.N.Joshi, learned counsel appearing on behalf of Shri P.M. Thakkar for the appellant-orig.accused no.4 (hereinafter referred to as 'the appellant') and Shri P.D. Bhate, learned Additional Public Prosecutor, appearing on behalf of the respondent-State.

(2.) It is submitted by Shri H.N. Joshi, learned counsel appearing for the appellant, that the present appeal is arising out of the judgment and order of conviction and sentence dated 30th November 1991 passed by the learned Additional Sessions Judge, Rajkot in Sessions Case No.57 of 1989, whereby the learned trial Judge held the appellant guilty for the charge of offence punishable under Section 307 of the Indian Penal Code as well as Section 135 of the Bombay Police for breach of Section 37(1) of the Bombay Police Act; and the learned trial Judge has sentenced the appellant to undergo rigorous imprisonment for five years and to pay a fine of Rs.200/-, in default to undergo simple imprisonment for further one month for the offence punishable under Section 307 of the Indian Penal Code; and so far as the offence punishable under Section 135 of the Bombay Police Act is concerned, the appellant is ordered to undergo simple imprisonment for 15 days and to pay a fine of Rs.100/-, in default to undergo simple imprisonment for five days. The learned trial Judge has ordered both the sentences to run concurrently.

(3.) The judgment and order of conviction and sentence under challenge is assailed on various grounds as mentioned in paragraph no.9 of the memo of the appeal. According to Shri H.N. Joshi, learned counsel appearing for the appellant, total four accused persons were charged and tried for the offence punishable under Section 307 read with Section 114 of the Indian Penal Code, and also under Section 323 read with Section 114 of the Indian Penal Code. But at the conclusion of the trial, the learned trial Judge held the appellant herein guilt as aforesaid.