GOVINDBHAI ATAMARAM RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal under Section 374 of CrPC is filed against judgment and order of conviction dated 20.04.2004 passed by the learned Sessions Judge, Navsari in Sessions Case No. 21 of 2013. By the impugned judgment and order, the appellant was convicted for an offence under Section 302 of Indian Penal Code and ordered to undergo rigorous imprisonment for life and to pay fine of Rs.2,000/-, in default, to undergo rigorous imprisonment for further six months. However, learned Sessions Judge has acquitted the appellant accuse for the offence under Section 135 of the Bombay police Act.

(2.) The brief facts leading to filing of the Appeal are as under:

(3.) Pursuant to the FIR the accused came to be arrested and ultimately chargesheet came to be filed for offence under Section 302 of Indian Penal Code and Section 135 of the Bombay Police Act in the Court of learned Magistrate. As the case was exclusively triable by learned Sessions Judge, the case was committed to the Court of Sessions which was numbered as Sessions Case no.21 of 2013.