KUNJANBHAI KESURBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Appeal No.1409 of 2018 is preferred by the appellant - original accused under section 374(2) of the Code of Criminal Procedure questioning the legality and validity of the judgement and order of conviction and sentence passed by the 4th Additional Sessions Judge, Ankleshwar in Sessions Case No.19 of 2016 dated 31/07/2018, by which the Sessions Judge convicted the appellant herein - original accused for the offences punishable under sections 302 and 326, respectively, of the Indian Penal Code, 1860 and sentenced him to undergo life imprisonment for the offence punishable under section 302 of Indian Penal Code with fine of Rs.1000/- and default of payment of the fine, directed to undergo further rigorous imprisonment for a period of one year. The Sessions Judge sentenced the appellant for the offence punishable under section 326 of Indian Penal Code to undergo rigorous imprisonment for a period of seven years with fine of Rs.1000/- and in default of payment of the fine, directed to undergo further simple imprisonment for a period of six months. The Sessions Judge ordered both the sentences to run concurrently. The Sessions Judge was pleased to grant benefit of set off as per section 428 of the Code of Criminal Procedure for the period during which the accused remained in jail as an under-trial prisoner.

(2.) Criminal Misc. Application No.1 of 2018 has been preferred by the applicant - original appellant - accused under section 389 of the Code of Criminal procedure for suspension of the sentence and to release him on bail during the pendency and final hearing of the main Criminal Appeal.

(3.) In the facts and circumstances of the case and with the consent of the learned counsel appearing for the respective parties, this Court has heard the appeal itself.