JUDGMENT :

(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)

The present appeal is at the instance of three convicts, one of those of the offence under Section 302 of the Indian Penal Code, and the other two of the offence under Section 323 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 29th October, 2009, passed by the learned Sessions Judge, Banaskantha at Palanpur, in Sessions Case No. 155 of 2006.

2. By the aforesaid order, the learned Sessions Judge found the appellant No.1 viz. Rakeshkumar Damodar Acharya guilty of the offence punishable under Section 302 of the Indian Penal Code, and consequently sentenced him to suffer life imprisonment with fine of Rs. 1,000/-and in default of payment of fine, further simple imprisonment for the period of 3 months. The learned Sessions Judge also found the appellant No.1 guilty of the offence under Section 323 of the Indian Penal Code, and consequently sentenced him to suffer rigorous imprisonment for the period of one year with fine of Rs. 1,000/-and in default of payment of fine, further simple i