VISHAL VISHNUBHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This group of appeals have been filed either under sec. 374 or 377 of the Code of Criminal Procedure, arise from common judgment and order dtd. 21/04/2012 passed by learned Additional Sessions Judge, Court No.7, Ahmedabad City in Sessions Case Nos.78 of 2006 with Sessions Case No.216 of 2006, wherein eleven accused have been convicted whereas two accused have been acquitted from the charges levelled against them. Hence, all the appeals are taken up for hearing today though different advocates have filed appeals for different convicts. The sentence imposed to each of the appellants, is stated hereinbelow:

(2.) Short facts, emerging from the record, are as under:

(3.) Mr.Bharat B. Naik, learned Senior Advocate appearing for the appellant namely Gova Rabari has taken us through the depositions of all prosecution witnesses as well as defense witnesses whereas Mr.Jal Unwala, learned Senior Advocate with Ms.Tejal Vashi, learned advocate appears for the appellants namely Vishal Vishnubhai Nayak and Jashwantsinh @ Jasu Maheshsinh; Mr.Hardik Dave, learned advocate appears for the appellant namely Jayanti @ Don Odhavji Patel and respondents namely Mahesh Shankerbhai Ratheria and Malesh Ramsingbhai Marchedkar; learned advocate Mr.Ekant Ahuja appears for the appellant namely Sunil @ Mankodi Triloksing Thakur; Mr.J.M.Panchal, learned Senior Advocate appears for two jail officers namely Dhragpalsinh Pruthvisinh Chauhan and Bhikhabhai Prabhatbhai Rabari; Mr.K.B.Anandjiwala, learned Senior Advocate with learned advocate Mr.Vishal Anandjiwala appears for jail officer namely Ishwarbhai Khababhai Sonara, have read the relevant part of the depositions of several witnesses and relevant documentary evidence. Mr.Y.S.Lakhani, learned Senior Advocate with Mr.Vaibhav Vyas, learned advocate, who appears for the appellant namely Paresh Kiritbhai Bhavsar, has taken us through the relevant part of the depositions of the several witnesses.