MUSA AHMAD HAJI VALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is preferred by the appellants co-accused no. 1 to 5 in Sessions Case No. 148/1993 and Sessions Case No. 143/1999, against the judgment and order of conviction recorded by ld. Addl. Sessions Judge, Fast Track Court No. 2, Bharuch, convicting present appellants for the offences proved against them under sec. 143, 147, 148, 307, 324, 323 read with section 149 of the Indian Penal Code. The present appellants who are sentenced to suffer R/I of one year for the charges proved against them under sec. 143, 147, 148 read with section 149 of IPC and fine of Rs. 1000/-, in default, to undergo S/I for one month. The present appellants were also sentenced to suffer R/I for 7 years for the offence proved against them under sec. 307 read with sec. 149 of IPC and with fine of Rs. 3000/-, in default, to undergo S/I for six months. The present appellants were also sentenced for the imprisonment of one month for the offence proved against them under sec. 323 read with sec. 149 of IPC and with fine of Rs. 100/-, in default, to undergo imprisonment of 5 days. The present appellants were also sentenced to imprisonment of one year for the offence proved against them under sec. 324 read with section 149 of IPC and with fine of Rs. 1000/-, in default, to undergo imprisonment of one month. The ld. Trial Judge directed that all the sentence of imprisonments shall run concurrently. The judgment and order under challenge is dated 29.4.2003. In the above said sessions cases, there were seven accused in all, and by the judgment impugned in this appeal, ori. accused no. 6- Shehnaj Musa and Ori. accused no. 7 Jaheda Adam Ahmad were acquitted of all the charges levelled against them by the ld. Trial Judge. Against this acquittal, it appears that no appeal has been preferred by the State.

(2.) It further appears that when charge-sheet of Sessions Case No. 148/1993 was submitted to the court, ori. accused no. 3- Daud Ahmad Haji was not available and than he made himself available. Further charge-sheet i.e. Sessions Case No. 143/1999 was submitted in respect of ori. accused no. 3- Daud Ahmad Haji and hence, both these Sessions Case No. 148/1993 and Sessions Case No. 143/1999 were tried together by the ld. Addl. Sessions Judge, Bharuch.

(3.) PW-1 - Ibrahim Umarji, resident of Kurchan, Tal. Amod, Dist. Bharuch, lodged a First Information Report at 7.45p.m. in Amod Police Station before Sakarabhai Ramjibhai Parmar, PW-24, the then Police Sub Inspector, Amod Police Station, against in all, seven accused persons on 28.9.1992 for the offence committed by the accused under sec. 307, 143, 147, 148, 324, 323 and 504 of IPC and sec 135 of the Bombay Police Act.