LAWS(GJH)-2021-2-429

AANAND Vs. STATE OF GUJARAT

Decided On February 11, 2021
Aanand Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Since these three captioned Appeals were arising out of self-same judgment passed by the learned 4th Additional Sessions Judge, Surat (hereinafter referred to as the trial court) in the Sessions Case No. 183 of 2013 dtd. 26/9/2014, they were heard analogously, and are being disposed of by this Common Judgment and Order.

(2.) The Criminal Appeal No. 255 of 2015 is filed at the instance of the accused Nos. 1 and 3 challenging the order of conviction passed by the trial Court, the Criminal Appeal No. 1465 of 2014 is filed by the complainant challenging the order of acquittal of accused Nos. 2, 4, 5 and 6, whereas, the Criminal Appeal No. 128 of 2015 is filed by the State challenging the acquittal of accused Nos. 2, 4, 5 and 6. However, neither the complainant nor the State of Gujarat has challenged the order of acquittal for the offence punishable under Ss. 323, 324, 201, 188 and 120-B of IPC passed in favour of the appellant -original accused No. 1 and under Ss. 324, 201, 188, 120-B of IPC passed in favour of the appellant -original accused No. 3.

(3.) These appeals are at the instance of the appellants - original accused, complainant and the State of Gujarat under Sec. 378 of the Code of Criminal Procedure, 1973, (for short "the Cr.P.C.") questioning the judgment and order dtd. 26/9/2014, passed by the 4th Additional Sessions Judge, Surat, in the Sessions Case No. 183 of 2013, whereby, the trial court had imposed the following sentences upon the accused persons: