J.B. PARDIWALA

The present appeal is directed against judgment and order dated August 6, 2005 passed by the Presiding Officer, Third Fast Track Court, Porbandar in Sessions Case No. 17 of 2004, convicting the accused-appellant for the offence of murder punishable under Section 302 of IPC and for the offence of robbery with attempt to cause death or grievous hurt, punishable under Section 397 of IPC and thereby sentencing the accused-appellant to undergo imprisonment for life. While convicting the accused-appellant for offence under Section 302 of IPC and imposing life imprisonment, the trial Court also ordered payment of fine of Rs. 500 and in event of default of payment of such fine, further simple imprisonment of 2 months was ordered. In the same manner, while convicting the accused-appellant for the offence punishable under Section 397 of IPC and while imposing sentence of 7 years rigorous imprisonment, fine of Rs. 1,000/- came to be imposed and in event of default of payment of fine, further simple imprisonment of two months was ordered.

2. The case of the prosecution in a nutshell be summed up thus:-

2.1 Deceased Amarmuni Bapuji was a Mahant (Pujari) of Mojeshwar Hanuman