JUDGEMENT

(PER : HONOURABLE MR. JUSTICE A. J. DESAI)

1. By way of the present appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’ for short), the appellant – original accused has challenged the judgement and order of conviction dated 28.12.2012 passed by learned 8th (Adhoc) Additional Sessions Judge, Panchmahals at Godhra in Sessions Case No.3 of 2012 by which, the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to undergo life imprisonment and has been imposed a fine of Rs.10,000/- and in default of payment of fine, to undergo one year simple imprisonment as well as under Section 452 of the Indian Penal Code and has been sentenced to undergo one year rigorous imprisonment and has been imposed a fine of Rs.5,000/- and in default of payment of fine, to undergo