HUSSAINBHAI ASGARALI LOKHANDWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeal Nos. 1691 of 2023, 1692 of 2023, 1693 of 2023, 1694 of 2023 and 1695 of 2023.

(2.) Criminal Appeal No. 1691 of 2023 arises out of SLP(Criminal) No. 7622 of 2016 filed by Hussainbhai Asgarali Lokhandwala (appellant herein). In this appeal, challenge has been made to the judgment and order dtd. 6/5/2016 passed by the High Court of Gujarat at Ahmedabad ('High Court' hereinafter) in Criminal Appeal No. 29 of 2007 whereby, though the High Court modified the judgment and order of the learned Additional Sessions Judge, Panchmahal at Godhra ('trial court' hereinafter) in Sessions Case No. 292 of 2001 by altering the conviction of the appellant from one under Sec. 304 Part I of the Indian Penal Code, 1860 (IPC) to one under Sec. 304 Part II IPC but, sentenced him to undergo rigorous imprisonment (RI) for five years while maintaining the sentence of fine. Be it stated that, by the same judgment and order, the High Court had similarly altered the conviction of the co-accused (co-appellant) - Asgarali Onali Lokhandwala but restricted the sentence of imprisonment to the period already undergone by him.

(3.) Criminal Appeal No. 1692 of 2023 has been filed by the informant-Husseni Mithiborewala against alteration of conviction of the two accused in Sessions Case No. 292 of 2001, i.e., the appellant-Hussainbhai Asgarali Lokhandwala and the co-accused Asgarali Onali Lokhandwala by the High Court from Sec. 304 Part I IPC to Sec. 304 Part II IPC.