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2012 Supreme(Guj) 749

BHASKAR BHATTACHARYA, J.B.PARDIWALA
Rameshbhai Shankarbhai Rathodia – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Apurva A. Dave, Advocate
For the Respondent: K.P. Raval, Addl. Public Prosecutor

JUDGMENT :

Bhaskar Bhattacharya, J.

This appeal is at the instance of a convicted person and is directed against an order of conviction and consequential sentence dated February 26, 2007, passed by the learned Presiding Officer & Fast Track Court No.11, Vadodara, in Sessions Case No. 78 of 2006. By the said order, the learned Presiding Officer & FTC No.11, convicted the appellant under Section 302 of the Indian Penal Code [“IPC” for short] and sentenced him for life imprisonment and a further fine of Rs. 2000/-. It was further ordered that in default of the payment of such fine, the appellant should undergo rigorous imprisonment for one year.

2. For the offence punishable under Section 364 of the IPC, the appellant was sentenced for rigorous imprisonment for two years and a further fine of Rs. 1,000/- with a stipulation that in default of payment of such fine, he would undergo rigorous imprisonment for one month.

3. Lastly, for the offence punishable under Section 506[2] of the IPC, a fine of Rs. 500/- was awarded with further direction that in case of failure on the part of the ap

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