VIJAYBHAI RAVJIBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - original accused 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 7th Additional Sessions Judge, Bardoli, District Surat, Sessions Case No.14 of 2016 dated 1/8/2018, by which the trial court convicted the appellant - original accused for the offence punishable under sections 302 Indian Penal Code, 1860 and sentenced him to undergo life imprisonment with fine of Rs.5,000 and in default to deposit the amount of fine, ordered to undergo further simple Imprisonment for a period of one month. The trial court was pleased to grant benefit of set off as per section 428 of the Code of Criminal Procedure.

(2.) Case of the prosecution :-

(3.) Mr.Mrudul Barot, the learned counsel appearing for the appellant accused has raised following contentions :-