THAKORE UMEDSING NATHUSING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals take exception to the common judgment dtd. 11/12/2015 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal Nos. 949 of 1994 and 1012 of 1993.

(2.) The appellants being the original accused Nos. 1, 2, 3 and 5 namely Thakore Laxmansing Halsing (hereinafter being referred to as A1), Thakore Pravinsing Rajsing(hereinafter being referred to as A2), Thakore Umedsing Nathusing (hereinafter being referred to as A3), Thakore Khemsing Halsing(hereinafter being referred to as A5) alongwith original accused No.4, namely, Thakore Prabhatsing Kapursing(hereinafter being referred to as A4), were tried in Sessions Case Nos. 107 and 143 of 1990 respectively by the learned Additional Sessions Judge, District Banaskantha at Palanpur (hereinafter being referred to as 'trial Court'). The accused appellants were convicted by the trial Court for the offence punishable under Sec. 392 of the Indian Penal Code, 1860 (for short 'IPC') and were sentenced to undergo 10 years' rigorous imprisonment with fine of Rs.5,000.00­ and in default, to undergo further three months simple imprisonment. The learned trial Court acquitted accused appellants of the charges under Ss. 302 read with Sec. 34 and Ss. 396 and 397 IPC vide the judgment and final order dtd. 21/8/1993. The original accused No.4 was acquitted of all the charges.

(3.) Being aggrieved, the accused appellants preferred Criminal Appeal No. 1012 of 1993 against the judgment and order dtd. 21/8/1993 and craving acquittal whereas, the State preferred Criminal Appeal No. 949 of 1994 seeking to assail the acquittal of the accused appellants for the charged offences, i.e. Ss. 302 read with Sec. 34 and Ss. 396 and 397 of IPC.