RAMANLAL BALDEVDAS SHAH NATARWAL NATHALAL PATEL KANUBHAI MOHANLAL BHOGHILAL NARANDASS ALI MOHMAD PYARJI MOMIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since all the five appeals arise out of a common judgment rendered by the High Court of Gujarat in Criminal Appeal No. 994 of 1977 and as the facts of the case are common, we pass the following common judgment in all the above appeals.

(2.) These six appeals are directed by the respective appellants who were arrayed as Accused Nos. 15, 17, 1, 3, 4 and 21 respectively before the trial Court. These six appellants along with 21 other accused took their trial before the Additional Sessions Judge, Ahmedabad at Chaloda in Sessions Case Nos. 41 of 1976 and 7 of 1977 for the offences punishable under various provisions of Indian Penal Code as explicitly mentioned in the respective 29 charges. All the accused before the trial Court were acquitted of all the charges. From the judgment of the trial Court, it is understood that the learned Special Prosecutor before the trial Court had conceded that the prosecution has no evidence worthy against the accused except the accused Nos. 1, 3, 4, 6, 13, 15, 17 and 21. It transpires from the judgment of the trial Court that though the prosecutor had pressed the case against the above said accused Nos. 1, 3, 4, 6, 13, 15, 17 and 21, the trial Court for the reasons assigned in its judgment .has acquitted these accused along with others.

(3.) Being aggrieved by the judgment of the trial Court, the respondent-State of Gujarat preferred an appeal before the High Court only as against the accused Nos. 1, 3, 4, 15, 17 and 21 and leaving the rest of the accused - especially accused Nos. 6 and 13. The High Court after analysing and evaluating the evidence found these appellants guilty of certain charges and consequently convicted them and sentenced as hereunder: The appellant , in Criminal Appeal No. 30/81 (accused No. 1 before the trial Court) was convicted under Sections 406, 477A and 420 read with S. 120-B, I.P.C. and sentenced him to suffer rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 25,000/- in default of payment of fine to further undergo rigorous imprisonment for six months for the conviction under Section 406 read with S. 120-B, I.P.C. No separate sentence has been awarded for other convictions.