MOHANBHAI CHHIPKABHAI TANDEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeals arise out of the judgment and order dated 4.6.2005 rendered in Sessions Case No. 151/1999, by the learned Additional Sessions Judge, FTC-2, Navsari. In all, ten persons were arraigned as accused before the Sessions Court, out of whom, original accused Nos.1, 2, 3, 5, 6, 7 & 8 came to be convicted and sentenced for the offences punishable under Sections 143, 147, 148, 149, 452, 323 & 302 of the Indian Penal Code ["IPC" for short]. However, they came to be acquitted of the charges levelled against them under Sections 325, 304 & 423 IPC.

(2.) The convicted accused Nos.1, 2, 3, 5, 6, 7 & 8 have preferred Criminal Appeal No.1388/2005. The State, being aggrieved by acquittal of original accused Nos.4, 9 & 10, has preferred Criminal Appeal No. 2125/2005.

(3.) Since both the appeals arise out of the same judgment and order and incident, they are heard together and are decided by this common judgment. For the sake of convenience, the appellants in Criminal Appeal No.1388/2005 and respondents in Criminal Appeal No.2125/2005 are referred to by their original accused numbers as arrayed in the Sessions Case.