ASIFKHAN HARIDERKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellants original accused in Sessions Case No. 21/89 have assailed the judgment and order dated 7th August, 1991, passed by the learned Sessions Judge, Nadiad holding them guilty of offence punishable under Sec. 302 read with Sec. 114 of Indian Penal Code and sentenced to rigorous imprisonment for life and a fine of Rs. 750 in default RI for two months to each of them.

(2.) . Facts of the prosecution case are as under :

(3.) . Laxmansinh, PSI (PW. 13) recorded the complaint through his writer Narpatsinh at the scene of offence and sent it to Cambay City Police Station for registration and the same is registered at 23.30 hours on that very day i.e., 2nd July, 1989. He then started investigation and further investigation was carried by Devsing Lajorsing Solanki, PW. 16 from 3rd July, 1989. On completion of the investigation, he submitted chargesheet against the accused in the Court of Judicial Magistrate, First Class, Cambay. Learned Judicial Magistrate, First Class, in his turn committed the case to the Court of Sessions of District Kheda at Nadiad.