HARESH KALUBHAI VAGHASIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS all the appeals arise from the common judgement, they are being considered simultaneously.

(2.) ALL the appeals are directed against the judgement and order passed by the learned Sessions Judge in Sessions Case No.93 of 2006, whereby the learned Sessions Judge has convicted all the accused for the offences under Section 489A, 489B, 489C read with Section 120B of IPC and has imposed sentence for the offence punishable under Section 489A of 10 years' R.I., with the fine of Rs.30,000.00 to each of the accused and two years further S.I., for default in payment of fine; for the offence punishable under Section 489B of 10 years' R.I., with the fine of Rs.15,000.00 to each of the accused and one year's further S.I., for default in payment of fine; for the offence punishable under Section 489C of 5 years' S.I., with the fine of Rs.10,000.00 to each of the accused and further one year's S.I., for default in payment of fine; and all the sentences are ordered to run concurrently and the convicts have also been given set off for the period during which they remained in jail as under-trial prisoners.

(3.) THE complaint thereafter was investigated and charge-sheet was filed and the case was thereafter committed to the competent Court being Sessions Case No.93/2006. The Prosecution, in order to prove the guilt of the accused, examined 24 witnesses, the details of whom are mentioned by the learned Sessions Judge at paragraph 4 of the judgement. The prosecution also produced the documentary evidences of 28 documents, the details of which are mentioned by the learned Sessions Judge at paragraph 5 of the judgement. The learned Judge, thereafter also recorded the statement of the accused under Section 313 of Cr.P.C., wherein the accused denied the evidence against them and stated that they have been falsely implicated and in the further statement, A-1 stated that he was not having any knowledge and nothing was found from his custody and on the basis of the false information, the panchas were called and false case was filed against him. A- 2, in his further statement, stated the same and all other accused, too, stated the same thing.