RAMSING UDHIYABHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 29.02.2000 passed in Sessions Case No. 188 of 1999 by the learned Sessions Judge, Panchmahals at Godhra, whereby the appellant original accused was convicted for the offences punishable u/s. 302 and 324 and acquitted from the offence punishable u/s. 504 of the Indian Penal Code [for short, "the I.P.C."]. For conviction u/s. 302, the appellant was sentenced to undergo imprisonment for life with fine of Rs.500/ - and in default of payment of fine, simple imprisonment for a further period of two months; while for conviction u/s. 324, he was sentenced to undergo rigorous imprisonment for a period of one year with fine of Rs.250/ - and in default of payment of fine, simple imprisonment for a further period of one month. Both the sentences were ordered to run concurrently. The appellant was given the benefit of set -off.

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

(3.) THE prove the guilt against the appellant, the prosecution has examined in all eight witnesses, namely PW 1 Maganbhai Undhiyabhai at Exhibit 6, PW 2 Dr. Shaileshkumar Vinodbhai Parmar at Exhibit 13, PW 3 Patel Laxmanbhai Gamirbhai at Exhibit 15, PW 4 Bhotubhai Chitabhai at Exhibit 17, PW 5 Dr. Subhashbhai Hansraj Suryavanshi at Exhibit 18, PW 6 Ramilaben Maganbhai Nayak at Exhibit 20, PW 7 Bhimsinh Nathabhai Bariya at Exhibit 21, PW 8 Kurpanbhai Bhawabhai at Exhibit 22.