SHAMALBHAI CHIMANBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These three appeals arise out of the judgment and order rendered by the learned Additional Sessions Judge, Fast Track Court No. 1, Vadodara on 5.7.2005 in Sessions Case No. 241 of 2002. The appellants were the accused persons before the Sessions Court who came to be convicted for offences punishable under Sections 302, 201, 452, 323 and 506(2) of the IPC and were sentenced as under: <FRM>JUDGEMENT_1683_TLGJ0_2011_1.html</FRM>

(2.) When Criminal Appeal No. 1729 of 2005 came up for hearing before us on 22.6.2011, we found that two of the convicts have not preferred appeals and are undergoing sentence at Baroda Central Prison and therefore, the non appealing convicts were ordered to be brought before this Hon'ble Court along with the appellant on 23.6.2011 and on that day, when they were brought before us, it was found that the non- appealing convicts, though desirous of preferring appeal, could not prefer appeal, as they had lost the papers. Least those two non- appealing convicts may not suffer on account of not preferring an appeal, we requested Mr.Barod to take up their cause and Mr. Barod preferred Criminal Appeal No. 730 of 2011 on behalf of those two appellants - convicts.

(3.) The prosecution case in brief can be stated thus: