PATEL MAFABHAI RANCHHODBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") has been preferred by the appellants herein ­ original accused Nos.1 to 3, 5 and 6 against the impugned judgment and order of conviction dated 27.08.2003 passed by the learned Additional Sessions Judge (2 nd Fast Track Court), Banaskantha, at Deesa in Sessions Case No.63 of 2000 convicting all the accused for the offences punishable under Sections 147, 148, 302 read with Section 149 and 307 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"). It is required to be noted that so far as original accused No.4 is concerned, he died during the trial and therefore the trial/proceedings qua him came to be abated.

(2.) THE prosecution case, in nutshell, is as under:

(3.) PRESENT appeal is opposed by Shri L.B. Dabhi, learned Additional Public Prosecutor appearing on behalf of the State.