KISHOR @ SALIM LALJI SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Appeal is directed against the judgment and order dated 3rd April, 2000 passed by the learned Addl. Sessions Judge, Veraval in Sessions Case No. 352 of 1999 whereby, the appellant was convicted for the offences punishable u/s. 324 and 302 of the Indian Penal Code [for short, "the I.P.C."] and Section 135 of the Bombay Police Act for short, "the B.P. Act"]. For conviction u/s. 324 of I.P.C., the appellant was sentenced to undergo Rigorous Imprisonment for Six Months while for conviction u/s. 302, he was sentenced to undergo Rigorous Imprisonment for Life. For conviction u/s. 135 of the B.P. Act, the appellant was sentenced to undergo Rigorous Imprisonment for Four Months with fine of Rs.50/ - and in default of payment of fine, Rigorous Imprisonment for a further period of Seven Days. All the sentences were ordered to run concurrently. The appellant was given the benefit of set -off.

(2.) THE facts in brief, as has been brought out by the prosecution, are as under;

(3.) THE prosecution has examined in all twelve witnesses in order to prove the guilt against the appellant, namely, PW 1 Hamirbhai Kababhai Gohil at Exhibit 8, PW 2 Girishkumar Lakhabhai Kunadiya at Exhibit 11, PW 3 Yogesh Mansukhlal Joshi at Exhibit 14, PW 4 Himmatlal Popatlal Mehta at Exhibit 16, PW 5 Iqbal Ibrahim at Exhibit 17, PW 6 Ashokbhai Dahyabhai Koli at Exhibit 18, PW 7 Kanjibhai Bhagwanbhai Bambhaniya at Exhibit 23, PW 8 Sanjaykumar Harilal Vyas at Exhibit 25, PW 9 Bhagwanji Parsottam Madhag at Exhibit 27, PW 10 Jagdishkumar Bhavsinhji Rathod at Exhibit 29, PW 11 Ramshankar Mansukhlal Joshi at Exhibit 30 and PW 12 Bhaskarrao Lakduji Wagh at Exhibit 36.