BHANABHAI PANCHABHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No. 1160/2007 under sec. 374(2) of the Code of Criminal Procedure, has been preferred by the Appellant -Original Accused No. 1 against the judgment and order of conviction and sentence dated 8.5.2007 passed by the learned Presiding Officer, Fast Track Court No.9, Gondal, camp at Upleta in Sessions Case No. 58/2005, whereby, the learned trial Judge has convicted the present appellant ori. Accused no. 1 under sec. 302 of IPC and sentenced to undergo R/I for life and to pay a fine of Rs. 5000/ -, in default, to undergo further R/I for one year. He is also convicted under section 135 of the Bombay Police Act and sentenced to undergo R/I for one month.

(2.) CRIMINAL Appeal No. 2142/2009 has been preferred by the State under sec. 377 of the Code of Criminal Procedure, against the judgment and order dated 8.5.2007 passed by the learned Presiding Officer, Fast Track Court No.9, Gondal, camp at Upleta in Sessions Case No. 58/2005, whereby, the learned trial Judge has convicted the respondents - ori. Accused no. 2, 3, 4, and 5 under section 114 and 115 IPC and sentenced them to undergo R/I for two years and to pay a fine of Rs. 1000/ -each, in default, to undergo R/I for three months and acquitted the accused of the charges under section 143, 147, 148, 149, 34, 323 and 506(2) of IPC leveled against them. Since both the appeals arise from common judgment and order of the trial Court, they are heard and decided by this common judgment.

(3.) THEREAFTER , after examining the witnesses, further statement of the accused under sec. 313 of CrPC was recorded in which the accused have denied the case of the prosecution.