IBRAHIMBHAI ALIAS DADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeals are filed against common judgment and order passed by learned Additional Sessions Judge, Fast Track Court No.10, Rajkot on 10.01.2005 in Sessions Case No.130 of 2004, convicting the appellants-accused for the offences punishable under Sections 302, 307, 323, 188 and 114 of the Indian Penal Code, 1860 ('IPC' for short), and sentencing them -- (i) to suffer imprisonment for life and to pay a fine of Rs.500/- each, in default to undergo simple imprisonment (S.I. for short) for two months for the offences punishable u/s. 302 read with Section 114 of the IPC; and (ii) to undergo imprisonment for five years and to pay a fine of Rs.500/- each, in default to undergo S.I. for two months for the offences punishable u/s. 307, 114 and 188 of the IPC. No separate sentence is awarded u/s. 323 of the IPC. THE sentences were ordered to run concurrently.

(2.) BEFORE us, three criminal appeals have been filed. Criminal Appeal No.2460 of 2005 has been filed by Iqbal Bachu Shaikh and Mohammed s/o. Bachu Shaikh (for short A1 and A2 respectively). Criminal Appeal No.571 of 2005 has been filed by Ibrahim @ Dada s/o. Jumabhai Vajugara (for short A3). Criminal Appeal No.573 of 2005 has been filed by Ibrahim @ Ibho Sidiqbhai Dalvani (for short A4). All these three appeals arise out of the aforesaid impugned judgment and order dated 10.01.2005 and as such, they have been heard together and are being disposed of by this common judgment.

(3.) LEARNED Judicial Magistrate, First Class, Rajkot on receipt of such charge-sheet, so submitted by the police, committed the case to the Court of learned Sessions Judge, Rajkot as the case was being exclusively triable by the Court of Sessions and the same was registered as Sessions Case No.130 of 2004.