MUKESHBHAI KHEMABHAI NAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals arise out of the judgment and order rendered by Sessions Court, Patan, in Sessions Case No.47 of 2003, convicting appellant-Mukeshbhai Khemabhai Nai-original accused No.1 for the offences punishable under Section 302, 120(B), 452, 506(2) of IPC and Section 135 of the Bombay Police Act, and original accused No.2-Babubhai Lallubhai Patel-, appellant in Criminal Appeal No.898 of 2006, for offence punishable under Section 302 read with Section 34 and Section 120(B) of IPC. Original accused No.1-Mukeshbhai Khemabhai Nai has preferred Criminal Appeal No.1023 of 2005, whereas accused No.2- Babubai Lallubhai Patel has preferred Criminal Appeal No.898 of 2006. For the sake of convenience, they are referred to as accused Nos.1 and 2, respectively in this judgment.

(2.) ACCUSED No.1 was punished as under:-

(3.) THE trial Court, after considering the evidence led by the prosecution, came to the conclusion that the prosecution was successful in establishing the charges levelled against the accused persons and convicted them of the offences, as stated in earlier part of this judgment and passed the sentence. Hence, these appeals.