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2021 Supreme(Guj) 272

BELA M.TRIVEDI, RAJENDRA M.SAREEN
Babubhai @ Takhubhai Ratnabhai Pagi – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr PV Patadiya(5924)
For the Respondent: Ms CM Shah APP (2)

JUDGMENT :

RAJENDRA M. SAREEN, J.

1. This Criminal Appeal has been preferred by the appellant – original accused under section 374(2) of the Code of Criminal Procedure challenging the legality and validity of the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge and Presiding Officer, 2nd Fast Track Court, Godhara (hereinafter referred to as “the Sessions Court”) in Sessions Case No.179 of 2009 dated 15/10/2010, by which the Sessions Judge convicted the appellant herein - original accused for the offences punishable under sections 302 and 452 of Indian Penal Code (hereinafter shall be referred to as “IPC” for short).

For the offence under section 302 of IPC, the Sessions Court sentenced the appellant / accused to undergo Life Imprisonment with fine of Rs.1,000/-, and in default of deposit of fine, directed to undergo further Simple Imprisonment for a period of three months.

For the offence under section of 452 of the IPC, the Sessions Court sentenced the appellant accused to undergo Rigorous Imprisonment for a period of three years with fine of Rs.1,000/-, and in default of deposit of fine, directed to undergo further Simple Imprisonment for

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