VINODBHAI PUNABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two appeals challenged the judgment and order dated 6th August 2005 of learned Additional Sessions Judge, Fast Track Court No.12, Morbi, in Sessions Case No.68 of 2004, whereby three appellants-original accused came to be convicted for the offences punishable under section 302 and section 394 read with section 34 of Indian Penal Code, 1860. The accused were sentenced to life imprisonment for the offence punishable under section 302, IPC, and were sentenced to five years imprisonment for the offence under section 394, IPC. Both the sentences were ordered to run concurrently, allowing the benefit of set-off in respect of the period spent in jail.

(2.) Criminal Appeal No.2118 of 2005 was preferred by the original accused No.1 challenging his conviction and sentence. Criminal Appeal No.465 of 2009 was by original accused No.2 and 3 respectively. As both the appeals arise from a common judgment, they are being heard and disposed of together.

(3.) We heard Ms. Krishna Mishra, learned advocate for the appellants in both the appeals, and learned Additional Public Prosecutor Mr. R.C. Kodekar, who appeared for the State in the appeals.