STATE OF GUJARAT Vs. BACHASHA KHEDANSHA KANU

JUDGEMENT

(1.) The challenge in both these appeals is the judgment and order dated 30.11.2016 passed by the 5th Additional Sessions Judge, Gandhidham-Kutch in the Sessions Case No. 57 of 2011, by which the appellant of Criminal Appeal No. 61 of 2018 namely Shivshankar Mahesh Mukhiya (original accused No. 1) has been convicted and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 10,000/-, in default of payment of fine, to undergo further one year of rigorous imprisonment for the offence punishable under Section 489(b) of the Indian Penal Code (for short "the I.P.C.") as well as to undergo five years of rigorous imprisonment and fine of Rs. 5,000/-, in default of payment of fine, to undergo further six months of rigorous imprisonment for the offence punishable under Section 489(c) of the I.P.C., whereas the Criminal Appeal No. 183 of 2017 has been preferred by the State of Gujarat challenging the said decision, by which the respondents-accused namely, Bachasha Khedansha Kanu (original accused No. 2) and Raghu Lalchand Mukhiya (original accused No. 3) have been acquitted for the offence punishable under Sections 489(b),(c) and 120B and 34 of the I.P.C.

(2.) Mr. Chirag B. Upadhyay, who has filed the appeal against conviction through High Court Legal Services Committee, states that the appellant does not want to challenge the conviction, however, the Court may consider to reduce the sentence since he has undergone more than 8 years and 9 months of sentence and is behind bar since 2.6.2011.

(3.) In the appeal filed by the State of Gujarat against acquittal, the respondents-accused, though served, have chosen not appear before the Court, however, we requested learned Advocate Mr. Chirag Upadhyay to assist the Court in the matter and accordingly, he has assisted the Court in the aforesaid appeal.