JAGDISH @ JAGO MADHABHAI MOLARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal is directed by the appellant herein - original accused against the judgement and order dated 09.09.2015 passed by the 3rd Additional Sessions Judge, Jamnagar, in Sessions Case No.34 of 2012, by which, the appellant - Jagdish @ Jago Madhabhai Molariya is convicted for the offence punishable under Section 302 of the Indian Penal Code (for short "the IPC") and sentenced to undergo life imprisonment with fine of Rs.10,000/- and in default, he is to further undergo 3 months rigorous imprisonment. He is also convicted for the offence punishable under Section 135(1) of the Gujarat Police Act (for short "the G.P. Act") and sentenced to undergo 4 months rigorous imprisonment. Both the sentences were directed to run concurrently.

(2.) The prosecution case in brief is as under :

(3.) At the time of argument, Mr. S.B. Tolia, the learned advocate appearing with Mr. Harshit S. Tolia, the learned advocate appearing on behalf of the appellant accused has contended that the deceased and the appellant accused were friends. There was no intention on the part of the appellant accused to kill the deceased.