TANSUKH @ TANSO GOVINDBHAI ZAPADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants- Ori. Accused 1 & 3 have preferred Criminal Appeal No. 2333/2008 under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 20.6.2008 passed by the learned Addl. Sessions Judge, Fast Track Court No. 4, Bhavnagar in Sessions Case No. 248/2006, whereby, the learned trial Judge has convicted the appellants-ori. Accused no. 1 & 3 under sec. 302 read with sec. 34 of IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 5000/-each, in default, to undergo R/I for one year. The appellants-ori. Accused no. 1 & 3 also convicted under section 324 read with sec. 34 of IPC and sentenced them to undergo R/I for one year and to pay a fine of Rs. 500/-each, in default, to undergo R/I for one month, which is impugned in this appeal.

(2.) The appellant-State has preferred Criminal Appeal No. 1610/2009 under section 378(1)(3) of the Code of Criminal Procedure against the judgment and order of acquittal dated 20.6.2008 passed by the learned Addl. Sessions Judge, Fast Track Court No. 4, Bhavnagar in Sessions Case No. 248/2006, acquitting the respondents for the offence under sec. 302, 324 read with section 34 of IPC and sec. 135 of the Bombay Police Act. Since both the appeals arise from same judgment and order of the learned trial Judge, they are disposed of by this common judgment.

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