BHARATBHAI RAJABHAI VEN (DALIT) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants original accused Nos.1 and 2 have preferred the present Appeal under section 374 of the Code of Criminal Procedure challenging the judgement and order of conviction and sentence passed by the learned Additional Sessions Judge, Deesa camp at Deodar, District Banaskantha in Sessions Case No.35 of 2013 dated 22/4/2015, by which the learned Sessions Judge convicted both the appellants original accused Nos.1 and 2 for the offence punishable under sections 302, 120(B) and 34 of Indian Penal Code and sentenced them to undergo life imprisonment with fine of Rs.10,000.00, and in default, sentenced to undergo further Simple Imprisonment for a period of three months.

(2.) The case of the prosecution, in nutshell is as under :-

(3.) Mr.A.D. Shah, learned counsel appearing for the appellants original accused Nos.1 and 2 has vehemently submitted that the Sessions Court erred in convicting the appellants for the offence punishabnle under sections 302, 120B and 34 of Penal Code for the offence and sentencing them to undergo life imprisonment with fine. He has submitted that in fact the prosecution has failed to bring home the charge and as such the charge framed against the appellants is not proved beyond reasonable doubt.