(1.) BOTH the above matters have arisen from the same judgment and order delivered by Additional Sessions Judge, Fast Track Court No. 3, bharuch, on 15-12-2007, in Sessions Case No. 82 of 2007. Appellant of Criminal appeal No. 37 of 2008 Hiteshkumar Madhusudan Adhvaryu was charged for the offences punishable under Secs. 302, 307 and 309 of the Indian Penal Code and vide the impugned judgment and order, the accused was found guilty for the offences punishable under Secs. 302, 307 and 309 of the Indian Penal Code. The learned trial Judge awarded death penalty to the accused for the offences punishable under Sec. 302 of the Indian Penal Code while he was sentenced to undergo 10 years rigorous imprisonment and to pay fine of Rs. 500/-, in default, to undergo rigorous imprisonment of six months for the offence punishable under Sec. 307 of the Indian Penal Code. No separate sentence was awarded for the offence punishable under Sec. 309 of the Indian Penal Code.
(2.) THE learned trial Judge referred the said Sessions Case to this Court for the confirmation of death sentence in accordance with the provisions of Sec. 366 of the Criminal Procedure Code and has been registered as Criminal confirmation Case No. 1 of 2008.
(3.) CRIMINAL Appeal No. 37 of 2008 is preferred under Sec. 374 of the criminal Procedure Code by accused against his conviction recorded by the learned trial Judge for the offences punishable under Secs. 302, 307 and 309 of the Indian Penal Code, as aforestated.
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