STATE OF GUJARAT Vs. NARSIBHAI AKHABHAI HARIJAN

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 02. 11. 1993 passed by the Additional Sessions Judge, Banaskantha at Palanpur in Sessions Case No. 45 of 1992, whereby the accused has been acquitted of the offence under section 302 of Indian Penal Code. The accused was however convicted under section 326 and was ordered to undergo rigorous imprisonment for seven years and fine of Rs. 500/- in default to undergo simple imprisonment for six months.

(2.) THE brief facts of the prosecution case are as under:

(3.) IT was contended by Ms. Shah, learned APP that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.