MANISHKUMAR KANTILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals arise out of the judgment and order rendered by Sessions Court, Gandhinagar at Kalol on 24th January 2006 in Sessions Case No. 68 of 2004. The appellant Manishkumar Kantilal Patel in Criminal Appeal No. 260 of 2006 was accused No.1 before the trail Court whereas respondents Manishbhai Harisinh Patel and Dharmendrakumar @ Dhaval @ Lalo Kantilal Patel in Criminal Appeal No.884 of 2006 were accused Nos.2 and 3 respectively before the trial Court. They all were tried for murder of Bhikhabhai Amratlal Patel allegedly committed by them on 14th March 2003 at Jantanagar Raw House, Kalol punishable under Section 302 read with section 34 and Section 201 read with Section 34 of IPC besides under Section 135 of the Bombay Police Act.

(2.) FOR the first two offences he was sentenced to undergo life imprisonment and for offence under the Bombay Police Act he was sentenced to undergo SI for six months. He was given benefit of set off and all sentences were ordered to run concurrently. The trial Court, however, acquitted original accused Nos.2 and 3 Manishbhai Harisinh Patel and Dharmendrakumar @ Dhaval @ Lalo Kantilal Patel respectively of the charges levelled against them.

(3.) ACCUSED No.1 has, therefore, preferred Criminal Appeal No.260 of 2006 whereas the State has preferred Criminal Appeal No. 884 of 2006 to challenge acquittal of original accused Nos.2 and 3. Since both these appeals arise out of the same judgment and order, they have been heard together and are decided by this common judgment. Appellant in Criminal No. 260 of 2006 and the respondents in Criminal Appeal No. 880 of 2006 are addressed by their original status before the trial Court in this judgment.