DUDUABHAI KAJABHAI RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order dated 5. 10. 2001 passed by the learned Addl. Sessions Judge, Banaskantha at Deesa in Sessions Case No. 115/99 recording the conviction of A-1, A-2 and A-4 for offence under sec. 302 r/w sec. 34 of IPC and imposing rigorous imprisonment for life and fine of Rs. 1,000/- each and in default simple imprisonment for one year, recording conviction of A-2 for offence under sec. 307 of IPC and imposing sentence of RI for 5 years and fine of Rs. 500/- and in default simple imprisonment for 6 months and further recording conviction of A-3 for offence under sec. 323 and imposing sentence of RI for 6 months. The learned Judge has also convicted A-1, A-2 and A-4 for offence under sec. 504 of IPC and imposed sentence of simple imprisonment or one year. As A-3 has been convicted only for offence under sec. 323 of IPC, he has been ordered to be released after considering the remissions and the sentence undergone.

(2.) THE facts of the case, briefly summarized, are as follows:

(3.) IN order to bring home the charges levelled against the accused persons, the prosecution examined the witnesses referred to by the learned Addl. Sessions in the trial and also considered the documentary evidence produced by the prosecution.