ARMESH ALIASALPESH FATAJI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellants have preferred these appeals under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 7.4.2003 passed by the learned Fast Track Judge, Modasa in Sessions Case No. 97/2002, whereby, the learned Judge has convicted the appellants original accused, as under: Appellant original Accused no. 1 has been convicted under sec. 186 of IPC and sentenced to undergo R/I of three months and to pay a fine of Rs.500/-, in default, to undergo R/I for one month. THE appellant original accused no. 1 is also convicted under sec. 395 of IPC and sentenced to undergo R/I for 5 years, and to pay a fine of Rs. 2000/-, in default, to undergo further R/I for six months. THE appellant original accused no. 1 is also convicted under sec. 427 of IPC and sentenced to undergo R/I for one year and to pay a fine of Rs. 1000/-, in default, to undergo further R/I for three months, whereas, for the offence under sec. 135(3) of the Bombay Police Act, he has been directed to pay a fine of Rs. 100/-, in default, to undergo S/I for ten days. Appellant original Accused no. 2 has been convicted under sec. 186 of IPC and sentenced to undergo R/I for three months and to pay a fine of Rs. 500/-, in default, to undergo R/I for one month. He has been also convicted under sec. 135(3) of the Bombay Police Act and directed to pay a fine of Rs. 100/-, in default, to undergo S/I for ten days. Appellant- original Accused no. 3 has been convicted under sec. 186 of IPC and sentenced to undergo R/I for three months and to pay a fine of Rs. 500/-, in default, to undergo R/I for one month. He has been also convicted under sec. 135(3) of the Bombay Police Act and directed to pay a fine of Rs. 100/-, in default, to undergo S/I for ten days. Appellant- original Accused no. 4 has been convicted under sec. 186 of IPC and sentenced to undergo R/I for three months and to pay a fine of Rs. 500/-, in default, to undergo R/I for one month. He has been also convicted under sec. 135(3) of the Bombay Police Act and directed to pay a fine of Rs. 100/-, in default, to undergo S/I for ten days. Appellant- original Accused no. 5 has been convicted under sec. 186 of IPC and sentenced to undergo R/I for three months and to pay a fine of Rs. 500/-, in default, to undergo R/I for one month. He has been also convicted under sec. 135(3) of the Bombay Police Act and directed to pay a fine of Rs. 100/-, in default, to undergo S/I for ten days. Appellant- original Accused no. 6 has been convicted under sec. 186 of IPC and sentenced to undergo R/I for three months and to pay a fine of Rs. 500/-, in default, to undergo R/I for one month. He has been also convicted under sec. 135(3) of the Bombay Police Act and directed to pay a fine of Rs. 100/-, in default, to undergo S/I for ten days. Appellant- original Accused no. 7 has been convicted under sec. 186 of IPC and sentenced to undergo R/I for three months and to pay a fine of Rs. 500/-, in default, to undergo R/I for one month. He has been also convicted under sec. 395 of IPC and sentenced to undergo R/I for five years and to pay a fine of Rs. 2000/-, in default, to undergo R/I for six months. He is also convicted under sec. 427 of IPC and sentenced to undergo R/I for one years and to pay a fine of Rs. 1000/-, in default, to undergo R/I for three months. He has been also convicted under sec. 135(3) of the Bombay Police Act and directed to pay a fine of Rs. 100/-, in default, to undergo S/I for ten days. Appellant- original Accused no. 8 has been convicted under sec. 186 of IPC and sentenced to undergo R/I for three months and to pay a fine of Rs. 500/-, in default, to undergo R/I for one month. He has been also convicted under sec. 135(3) of the Bombay Police Act and directed to pay a fine of Rs. 100/-, in default, to undergo S/I for ten days. Appellant- original Accused no. 9 has been convicted under sec. 186 of IPC and sentenced to undergo R/I for three months and to pay a fine of Rs. 500/-, in default, to undergo R/I for one month. He has been also convicted under sec. 395 of IPC and sentenced to undergo R/I for five years and to pay a fine of Rs. 2000/-, in default, to undergo R/I for six months. He is also convicted under sec. 427 of IPC and sentenced to undergo R/I for one years and to pay a fine of Rs. 1000/-, in default, to undergo R/I for three months. He has been also convicted under sec. 135(3) of the Bombay Police Act and directed to pay a fine of Rs. 100/-, in default, to undergo S/I for ten days. Appellant- original Accused no. 10 has been convicted under sec. 186 of IPC and sentenced to undergo R/I for three months and to pay a fine of Rs. 500/-, in default, to undergo R/I for one month. He has been also convicted under sec. 135(3) of the Bombay Police Act and directed to pay a fine of Rs. 100/-, in default, to undergo S/I for ten days. Appellant- original Accused no. 11 has been convicted under sec. 186 of IPC and sentenced to undergo R/I for three months and to pay a fine of Rs. 500/-, in default, to undergo R/I for one month. He has been also convicted under sec. 135(3) of the Bombay Police Act and directed to pay a fine of Rs. 100/-, in default, to undergo S/I for ten days. Appellant- original Accused no. 12 has been convicted under sec. 186 of IPC and sentenced to undergo R/I for three months and to pay a fine of Rs. 500/-, in default, to undergo R/I for one month. He has been also convicted under sec. 135(3) of the Bombay Police Act and directed to pay a fine of Rs. 100/-, in default, to undergo S/I for ten days, which is impugned in both these appeals.

(2.) THE brief facts of the prosecution case is as under:

(3.) THEREAFTER, the charge was framed at Ex. 2 against the appellants. The appellants accused have pleaded not guilty and claimed to be tried.