SUDHAKAR PANDALIK GORSHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellants of both these appeals alongwith one Ramesh alias Chhiba Ravji Rathod were tried for an offence punishable under Sections 460, 394, 302 read with Section 34 of Indian Penal Code for committing murder by committing robbery on committing lurking house trespass. In Sessions Case No. 53/85, the learned Sessions Judge, by judgment and order dated 23rd December, 1985, acquitted Ramesh alias Chhiba Ravji Rathod and convicted the appellants of these two appeals for the offences charged. The learned Sessions Judge inflicted life imprisonment for an offence u/S. 302 read with Section 34 and 5 years rigorous imprisonment for an offence u/S. 394 read with Section 34 of the Indian Penal Code. The learned Sessions Judge did not award separate sentence for an offence u/S. 460 read with Section 34 of the Indian Penal Code. The learned Sessions Judge also directed that the substantive sentences should run concurrently. These appeals are directed by the accused separately against the order of conviction referred above.

(2.) Facts leading to the case are as under:

(3.) Charge for the offences referred to above was framed against the accused who pleaded not guilty to the charge and prayed for trial. The prosecution led necessary evidence to prove the charge against the accused. The learned Sessions Judge after hearing the Advocates for the prosecution as well the defence and on appreciating evidence, held accused No. 2 and 3 guilty of the offences punishable under Sections 302, 460, 394 all read with Section 34 of the Indian Penal Code. Against this judgment and order of conviction the present appeals are filed.