KAUSHIK RASIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this appeal, the appellant has prayed to quash and set aside the judgment and order dated 18th December, 1998 passed by the learned Sessions Judge, Ahmedabad [Rural] in Sessions Case No. 25 of 1998 whereby, the appellant was convicted for the offences punishable u/s. 457, 397 & 302 of the Indian Penal Code, 1860 [for short, Sthe I.P.C. ]. For the offences punishable u/s. 457 & 397, the appellant was sentenced to undergo Rigorous Imprisonment for a period of Ten years with fine of Rs.3,000/- and in default of payment of fine, Rigorous Imprisonment for a further period of Two years. For the offence punishable u/s. 302, the appellant was sentenced to undergo Rigorous Imprisonment for life. The substantive sentences with respect to all the aforesaid offences were ordered to run concurrently. The appellant was also given the benefit of set-off.

(2.) The facts in a nutshell are as under;

(3.) The prosecution has examined in all nine witnesses to prove the guilt against the appellant. PW 1 Ranchodbhai Nathabhai Patel at Exhibit 8, PW 2 Devshankar Ganpatram Raval at Exhibit 9, PW 3 Popatbhai Ramanlal at Exhibit 12, PW 4 Amrishbhai Punjabhai at Exhibit 13, PW 5 Arunkumar Ramniklal Vyas at Exhibit 16, PW 6 Krishnakant Chandrabhan Sharma at Exhibit 17, PW 7 Ramilaben Vipulkumar Parikh at Exhibit 21, PW 8 Natvarsinh Deepsinhji Dodia at Exhibit 31 and PW 9 Dr. Dingat Kalidas Dixit at Exhibit 35.