LAWS(GJH)-2008-12-241

BHARWAD GOBARBHAI WAGHABHAI Vs. STATE OF GUJARAT

Decided On December 24, 2008
Bharwad Gobarbhai Waghabhai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THE present appeal has been filed against the judgment and order dated 21.09.2002 passed by the learned Additional Sessions Judge, Fast Track Court, Amreli in Sessions Case No.256 of 2001.

(2.) THE brief facts of the appeal of the case is to the effect that the present appellant and one Bharwad Lakhabhai Punabhai were charged for the offence punishable under Sections 504, 506(2), 114 and under Section 302 alternatively 307 read with Section 114 of the Indian Penal Code. The accused were further charged for the offence punishable under Sections 161 and 162 of Village Panchayat Act.

(3.) THE accused were tried in Sessions Case No. 119 of 1999 by Additional Sessions Judge, Fast Track Court, Amreli. The learned Sessions Judge acquitted accused No.2 Bharwad Lakhabhai Punabhai and convicted the present appellant who was accused No.1 for the offence under Section 302 of IPC and section 161 of Village Panchayat Act. The accused No.1 - present appellant was sentenced for life imprisonment for an offence under Section 302 of IPC while for the offence under Section 161 of Village Panchayat Act he was punished for one month's rigorous imprisonment.