MADHABHAI DANABHAI NIRASHRIT THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS both the appeals arise from common judgment and order passed by the learned Sessions Judge, they are being considered simultaneously.

(2.) CRIMINAL Appeal No. 1519 of 2009 is directed against the judgment and order passed by the learned Sessions Judge in Sessions Case No. 19/2008, whereby, the learned Sessions Judge has convicted the original accused No. A-1 to A-5 for the offence under section 143,147, 149, 326, 325, 323 of IPC read with section 135 of the Bombay Police Act, and has imposed sentence of 5 years R/I with the fine of Rs. 500/- and 10 days S/I for default in payment of fine and no separate sentence is imposed for the other offence. However, for the offence under section 135 of the Bombay Police Act, one month's S/I with fine of Rs. 100/- has been imposed upon A-1 to A-5. The learned Sessions Judge has also convicted A-6 to A-8 for the offence under section 326 read with section 149 of IPC and has imposed sentence of 2 years R/I with the fine of Rs. 200/- and 10 days S/I for default in payment of fine. No separate sentence has been imposed for other offences. However, for the offence under sec. 135 of the Bombay Police Act, same sentence has been imposed upon A-6 to A-8 of one month's S/I with fine of Rs. 100/-.

(3.) THE aforesaid complaint was investigated, and ultimately, the charge-sheet was filed against all the eight accused, and the case was thereafter, committed to the Court of Sessions being Sessions Case No. 19/2008.