MEGHA KARMASHIBHAI NAGESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ALL these appeals arise out of the same judgment and order passed against the accused is common. Therefore, these appeals are decided together by this common judgment.

(2.) BY way of these appeals, the appellants, original accused Nos. 1 to 4 have challenged the common judgement and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court No.1, Khambhaliya, in Sessions Case No.100 of 2005 on 15.2.2007, whereby the learned Trial Judge has convicted the appellants, original accused, for the offences punishable under section 302 r/w. Section 114 of the Indian Penal Code ( for short, " the IPC") and Section 135 (1) of the Bombay Police Act. For conviction u/s. 302 r/w. Section 114 of the IPC, the appellants have been sentenced to undergo imprisonment for life and for conviction under section 135(1) of the Bombay Police Act, the appellants were sentenced to undergo simple imprisonment for three months. Both the sentences were ordered to run concurrently.

(3.) LEARNED counsel for the appellants contended that the prosecution has failed to prove the role played by each of the accused. He further contended that the weapons which were found from the place of incident were not proved to be used for the alleged offence by the accused. It is further contended that the trial Court ought to have considered the fact that all Panch witnesses i.e. P.W.2, P.W.4, P.W.5, P.W.6 and P.W.12 have turned hostile. Therefore, he contended that the judgment and order of the Trial Court is required to be quashed and set aside and the benefit of doubt should be given to the appellants.