THAKORBHAI MOHANBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by the accused-appellant herein against the judgment and order of conviction and sentence dated 8.12.2011 passed by the Learned 4th Additional Sessions Judge, Vadodara, in Sessions Case No.196 of 2010, whereby the original accused was ordered to undergo (i) life imprisonment for the offence punishable under Section 302 of the Indian Penal Code with a fine of Rs.1000/- and in default to pay fine to undergo imprisonment for one year, (ii) rigorous imprisonment for two years for the offence punishable under Section 452 of the Indian Penal Code with a fine of Rs.500/- and in default to pay fine to undergo simple imprisonment for three months. It was further ordered that all the sentences shall run concurrently.

(2.) Brief facts of the case are as under :-

(3.) The charge against the present accused came to be framed vide Exh.5. The accused pleaded not guilty and claimed to be tried. The trial commenced wherein, in all, 14 witnesses were examined and 13 documentary evidence were adduced. After the evidence of the complainant was over, further statement of the appellant accused was recorded under Section 313 of the Code of Criminal Procedure, 1973.