MAGANBHAI KHATUBHAI KATARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure, 1973 is preferred against the judgement and order dated 2.4.2013 rendered in Sessions Case No.31 of 2011 by learned Additional Sessions Judge, Idar Camp at Sabarkantha in Sessions Case No.31 of 2011 whereby the appellant/original accused is convicted for the offence under Section 302 read with Sections 323, 504 of Indian Penal Code and Section 135 of Bombay Police Act by imposing rigorous imprisonment for life and fine of Rs.5,000/- and default of payment of fine further to suffer simple imprisonment for six months. The learned Judge has also convicted the present appellant for the offence under Section 323 of the Indian Penal Code for rigorous imprisonment for six months and to pay a fine of Rs.1000/- and in default of payment of fine, further to suffer simple imprisonment for one month and for the offence under Section 504 of the Indian Penal Code impose rigorous imprisonment for one month and for the offence under Section 504 of the Indian Penal Code impose rigorous imprisonment for six months and to pay a fine of Rs.1000/- and in default of payment of fine further to suffer simple imprisonment for one month whereas the learned Judge was not found guilty on the offence punishable under Section 135 of the Bombay Police act and acquit the appellant for this charge.

(2.) The brief facts leading to filing of the present appeal are as follows:

(3.) On committal before the Sessions Court, being Sessions Case No.31/2011 the trial which took place before learned Additional Sessions Judge, prosecution has produced oral as well as documentary evidence namely 13 eye witnesses and 17 documentary evidence and at the end of trial the conviction and sentence so recorded in earlier paragraph was ordered.