MULTAN HALEKHAN MEV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the present appellants original accused No. 1 to 6 of Sessions Case No.67 of 2001 and Sessions Case No.105 of 2001 of the court of learned Additional Sessions Judge (Fast Track), Rajkot against the judgment and order recorded on 7th September, 2002, convicting the present appellants for the charges levelled against them under Sections 325, 342, 395, 397, 427 of the Indian Penal Code and Section 25(1)(a) of the Arms Act, 1959, and sentencing each of them for the imprisonment of three years for the offence proved against each of them for the Arms Act and fine of Rs.500/- in default to undergo three months imprisonment, for the charges levelled against each of the appellant under Sections 395, 397 each of the appellant was sentenced to imprisonment of seven years and fine of Rs.5,000/-, in default to undergo simple imprisonment of one year. However no separate sentence was awarded for the charges under secs.325 and 342 of the IPC while each of the appellant was sentenced to undergo R.I. of one year and fine of Rs.500/- for the charges proved against them under Sec.427 of IPC. There were in all eight accused and learned Additional Sessions Judge acquitted accused No.7 Mahejrakha Fulkha Mev and accused No.8 Mohmed Umar Chavkha Mev for the charges levelled against them.

(2.) As revealed from the record the facts leading to the filing of this appeal are as under:

(3.) Learned Senior Counsel Mr.P.M.Thakkar for the appellants and learned APP Mr.Sudhansu Patel for the respondent State were heard in detail.