ARVINDBHAI KIRANBHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant -original accused No.1 has preferred this Criminal Appeal under section 374 of the Code of Criminal Procedure challenging the judgement and order of conviction and sentence passed by the 6th (Ad-hoc) Additional Sessions Judge, Panchmahals at Godhara in Sessions Case No.59 of 2016 dated 16/11/2018, by which the Sessions Judge convicted the appellant -original accused No.1 for the offence punishable under sections 302 read with section 201 of Indian Penal Code, 1860 and under section 135 of Gujarat Police Act.

(2.) Case of the prosecution :-

(3.) Mr.M.A. Kharadi, the learned counsel appearing for the appellant -original accused No.1 has vehemently submitted that the Sessions Court erred in convicting the appellant for the offence punishable under section 302 read with section 201 of Penal Code and under section 135 of GP Act and imposing the sentence of life imprisonment for the offence u/ss.302 read with section 201 and imposing sentence of RI for five years for the offence punishable under section 201 of Penal Code and imposing sentence of two years for the offence punishable under section 135 of GP Act. He submitted that the conviction is against the evidence on record, against the provision of law and against settled legal position. He submitted that the trial court failed to appreciate that the case against the appellants is not proved beyond reasonable doubt.