(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) Heard learned Advocate Ms. Kiran D. Pandey for the appellant - the convict, who is convicted by the learned 7th (ad-hoc) Additional Sessions Judge, Surat in Sessions Case No.138 of 2010 by Judgment and Order dated 22.02.2012. The convict is awarded life imprisonment for offence under section 302 of the Indian Penal Code and one year imprisonment for an offence under section 498-A of the Indian Penal Code and three months imprisonment for an offence under section 323 of the Indian Penal Code and one month simple imprisonment for offence under section 504 of the Indian Penal Code. The learned 7th (ad-hoc) Additional Sessions Judge has also imposed fine of Rs.5000/- and in default further three months simple imprisonment.
Learned Advocate for the appellant invited the attention of this Court to the discussion of evidence of the Executive Magistrate at Exh.24 in paragraph no.17, the cross-examination of said witness in paragraph no.18 and the Doctor's evidence at Exh.30 in paragraph no.19 of the Judgment. The learned Advocate for the appellant submitted that the learned 7th (ad-hoc) Additional Sessions Judge has committed an error in recording the conviction.
The matter requires consideration.
ADMIT.
(Ravi R.Tripathi, J.) (Paresh Upadhyay, J.) Sunil W.
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