PATEL SHANKERBHAI AMBALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 10.11.1994 passed by the learned Addl. Sessions Judge, Mehsana in Sessions Case No. 213/1990, whereby, the learned Judge has convicted the ori. accused no. 1 and 3 - present appellants no. 1 and 2 under sec. 307 read with sec. 34 of IPC and sentenced to undergo R/I for two years and to pay a fine of Rs. 2000/-, in default, to undergo further R/I for six months, whereas, since the ori. Accused no. 6 and 7 being ladies and it was their first offence, they have been granted benefit of Probation of Offenders Act and were released on probation under sec. 4 of the Probation of Offenders Act for a period of two years on their executing a personal bond in the sum of Rs. 3000/- and it was further ordered that if they commit any offence or breach of the bail bond, in that event, they will be heard on the point of conviction and appropriate order of conviction and sentence will be passed.

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

(3.) Therefore a complaint came to be filed by the complainant. The panchnama of the scene of offence was drawn and on the next day, statements of the witness were recorded. During the course of investigation, the police seized weapons which were produced by the accused persons and the muddamal was sent to FSL. In respect of the same incident, a cross complaint was also filed and an offence under sec. 325, 147, 148, 149 of IPC was registered by the police against the complainant and prosecution witnesses. After completion of investigation of both the cases, charge-sheet was filed in the Court of learned JMFC, Kalol. Thereafter, as the case was exclusively triable by the Court of Sessions, the learned Magistrate has committed the case to the Court of Sessions, which was given number as Sessions Case No. 213/1990.