DESAI KARAMSI JESINGBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants - convicts Rameshbhai Amaratbhai Rabari original accused No.1 and Himatbhai Karamshibhai Rabari, original accused No.3 have filed Criminal Appeal No.1450 of 2006 against the judgment convicting them for the offence punishable u/s 302 r/w section 34 of the I.P. Code and Karamshibhai Jesingbhai Rabari, original accused No. 2 has filed Criminal Appeal No. 1303 of 2006 against the judgment convicting him for the offence punishable u/s 325 of the I.P. Code, under Section 374 of the Code of Criminal Procedure, 1973, rendered by learned Additional Sessions Judge, Fast Track Court No.2, Patan in Sessions Case No. 100 of 2002 (Old Sessions Case No.34 of 1997) on 6-7-2006.

(2.) State has also preferred acquittal appeal being Criminal Appeal No.2182 of 2006 under Section 378 of the Code Criminal Procedure, 1973 challenging the order of acquittal passed in the aforesaid Sessions Case.

(3.) The appellants with other 13 accused were prosecuted for the offences punishable u/s 147, 148, 302, 323, 325, 326, 504 read with section 149 and 34 of the I.P. Code and u/s 135 of the Bombay Police Act by learned Additional Sessions Judge, Fast Track Court, Patan. After trial the appellants of Criminal Appeal No.1303 of 2006 and Criminal Appeal No. 1450 of 2006 with accused Ghemarbhai Nagjibhai Rabari (A-15), accused Maganbhai Dalabhai Rabari (A-16) and accused Babubhai Nagjibhai Rabari (A-10) were convicted and sentenced. Out of the convicts, the appellants have challenged judgment and order of their conviction. Other convicts have not challenged their conviction.